If It’s Not in Writing, It’s Not a Plan (Especially in Nebraska)

One of the most common situations I see in my work is also one of the most painful: a family trying to carry out someone’s final wishes, but nothing was ever put in writing.

The intentions may be crystal clear. “Everyone knew” that Mom wanted the house to go to her niece. “Everyone knew” that Grandpa wanted his tools passed down to one of the grandkids. But in Nebraska, if those wishes aren’t spelled out in a legally valid document, they hold no weight in court.

That’s where the conflict starts.

In Nebraska, if you die without a will, intestacy laws take over. That means state law decides who gets what—usually your spouse, children, parents, or other blood relatives in a specific order. Your verbal promises, notes scribbled on a napkin, or “everyone always assumed” don’t matter legally. Good intentions don’t hold up in probate court.

The “Living in Limbo” Scenario

Let’s say someone dies without a will. One of their close relatives has been living in one of their houses for years. Everyone believes that person was meant to inherit the property. The other heirs are on board—at first.

But there’s nothing in writing.

So now the estate has to go through probate, and someone has to be appointed as the personal representative (the term used under Nebraska law, instead of “executor”). That process takes time. In the meantime, the property is just… hanging there. No clear owner. No clear plan. And a lot of assumptions.

Utilities, insurance, property taxes, lawn care—who’s responsible for that? The other heirs assume the relative living there will cover it. The relative assumes the estate will handle it until the property is formally transferred. The longer this drags on, the more expensive and emotionally charged it becomes.

And eventually, someone has to prepare a deed, pay for title work, and possibly deal with documentary stamp tax on the transfer. All of this costs money—and no one’s really sure who’s on the hook for paying.

The Gift Starts to Feel Like a Burden

Let’s be honest: the longer this uncertainty lasts, the less generous the “gift” starts to feel.

The other heirs don’t want to keep paying upkeep on a property they’re not going to benefit from. The relative living there doesn’t want to keep paying out of pocket when they don’t legally own the home. If either side pushes too hard, the goodwill unravels. Resentment creeps in.

And if that relative starts moving furniture, getting rid of belongings, or trying to “clean up,” it can escalate quickly—because technically, everything in that home is property of the estate until legally distributed. Without clear instructions, it’s easy to cross a line without realizing it.

The Core Problem? No Written Plan

This all stems from one thing: a lack of formal estate planning.

If that person had created a valid will or trust, we wouldn’t be in this mess. In Nebraska, for a will to be valid, it needs to be:

• In writing,

• Signed by the person making the will (the testator), and

• Witnessed by at least two credible individuals present at the same time.

Handwritten wills (holographic) that aren’t witnessed? Not valid here. Oral wills (nuncupative wills) are only accepted in very limited and rare circumstances—and even then, only for small personal property, not real estate. So “we talked about it at Sunday dinner” might feel meaningful, but it doesn’t hold up in probate court.

So What Should You Do Instead?

If you want someone to have something when you’re gone—put it in writing. That could mean:

• A valid will that clearly spells out who gets what,

• A revocable living trust if you want to avoid probate altogether,

• Or specific deeds or transfer-on-death designations if you’re dealing with property.

And remember, estate planning isn’t just about what happens after you die. It’s also about protecting yourself while you’re alive. Documents like a Power of Attorney and Healthcare Directive make sure your financial and medical decisions are handled the way you want if you become incapacitated.

If You’re Already in a Mess Like This…

Get independent legal advice—and get it early. The longer people try to “figure it out” on their own, the worse things tend to get. Especially in Nebraska, where probate rules and intestacy laws can surprise even the most well-meaning families.

If you’re the person trying to honor someone’s unwritten wishes—or if you’re the one they told those wishes to—it’s time to stop guessing and start documenting.

Let’s make sure your plan holds up when it counts. And if you’re already deep into the confusion, I’m here to help you sort it out—clearly, cleanly, and without unnecessary drama. Contact me at 402-259-0059 or zach@zandersonlaw.com.