If It’s Not in Writing, It’s Not a Plan (Especially in Nebraska)
One of the most common (and most painful) situations I see in my practice is a family trying to honor someone’s final wishes—except those wishes were never put in writing.
Everyone may have known what Mom wanted. Everyone may have agreed that Grandpa always said the house should go to a certain niece or that his tools should stay in the family. But in Nebraska, if those intentions aren’t written in a legally valid will or trust, they don’t count. Period.
And that’s when the conflict starts.
What Nebraska Law Says When There’s No Will
If someone dies without a will in Nebraska, their estate is handled under intestacy laws. These laws determine who inherits what—typically in a fixed order of relatives: spouse, children, parents, siblings, and so on. There’s no room for what “everyone assumed” or what someone “promised over the years.” Verbal statements, scribbled notes, and well-meaning intentions carry no legal weight in Nebraska probate court.
So if there’s no valid estate plan? The state takes over.
The “Living in Limbo” Scenario: How It Plays Out
Imagine this: a person dies, and one of their relatives has been living in one of their homes for years. Everyone believed that person was going to inherit the property. The family even agrees—at first.
But there’s nothing in writing.
Now the property is frozen. The estate has to go through probate. A personal representative (Nebraska’s term for an “executor”) must be appointed. Until that happens, the property has no legal owner. Bills still show up: utilities, insurance, taxes, maintenance. Who pays?
The relative in the house assumes the estate will cover it.
The other heirs assume the person living there will take responsibility.
Tension builds. Costs rise. And before anything can be transferred, a deed has to be prepared, title work ordered, and transfer taxes handled. No one’s sure who’s in charge—or who’s footing the bill.
How Good Intentions Become Bad Blood
At first, it might feel generous—giving the house to someone who lived there and took care of the person who passed. But over time, the lack of clarity chips away at that goodwill.
Other heirs may get frustrated if they’re covering expenses for a house they won’t inherit.
The person living there may feel stuck financially, unable to make decisions or invest in upkeep because they don’t legally own the property.
And if they start moving items, selling things, or making changes? That could cross a legal line. Because until the estate is distributed, everything inside the home belongs to the estate—not to individual heirs.
This is how families who loved each other can wind up in probate court, emotionally and financially drained.
Why the Root of the Problem Is No Written Plan
All of this stress? It’s usually avoidable—with even a basic estate plan.
In Nebraska, a valid will must be:
In writing
Signed by the person making the will (the testator)
Witnessed by two people present at the same time
What doesn’t count?
Handwritten (holographic) wills with no witnesses
Oral (nuncupative) wills, except in extremely rare cases involving small personal property
A conversation over Sunday dinner or a note stuck in a drawer won’t hold up. And unfortunately, that’s often what people rely on—until it’s too late.
What You Should Do Instead
If you want to make sure someone receives your house, car, savings account, or even family heirlooms, you need to document those wishes in a legally enforceable way. That might include:
A properly executed will
A revocable living trust to avoid probate entirely
A transfer-on-death deed or specific beneficiary designation for property
And while you’re at it, protect yourself while alive, too. That means creating:
A Power of Attorney to manage finances if you become incapacitated
A Healthcare Directive to guide medical decisions
Estate planning isn’t just for after death. It’s for avoiding chaos while you’re still here.
If You’re Already in the Middle of a Mess Like This…
Don’t wait to “figure it out later.” Get independent legal advice early—especially in Nebraska, where intestacy rules and probate procedures can catch even well-meaning families off guard.
If you’re the one someone trusted to carry out their wishes, or if you’re stuck in an awkward legal gray area, the best thing you can do is stop guessing—and start documenting.
Let’s get clarity around the next steps so you can stop spinning your wheels and start solving the problem.
Contact me at 402-259-0059 or zach@zandersonlaw.com to start the conversation.
FAQ: Dying Without a Will in Nebraska
What happens if someone dies without a will in Nebraska?
Nebraska’s intestacy laws control who inherits the estate. Usually, assets pass to a spouse, children, or next of kin in a set legal order—regardless of what the deceased may have verbally expressed.
Is a handwritten will valid in Nebraska?
No. Nebraska does not recognize unwitnessed handwritten wills. A valid will must be typed or written, signed by the testator, and witnessed by two people present at the same time.
Can someone inherit a house just because the deceased wanted them to?
Only if that intent is stated in a valid legal document. Verbal promises or family assumptions aren’t legally binding.
What is a personal representative?
In Nebraska, the personal representative (sometimes called an executor in other states) is the person legally responsible for managing the estate during probate.
What is probate in Nebraska?
Probate is the legal process of administering someone’s estate after death. It involves validating the will, paying debts, and distributing assets. If there’s no will, intestacy rules apply.
Can a transfer-on-death deed avoid probate in Nebraska?
Yes. Nebraska recognizes Transfer-on-Death (TOD) deeds, which allow real estate to pass directly to a named beneficiary without going through probate.
How can I avoid family conflict after I die?
Create a clear, legally valid estate plan—including a will or trust—and communicate your wishes to your loved ones. Clarity and legal documentation are the best ways to prevent confusion and disputes.