Name Your Child’s Guardian—Before a Nebraska Court Does It for You
If you wouldn’t leave your kids with just anyone for the weekend… why risk leaving that decision to a judge?
One of the most critical—but often overlooked—parts of Nebraska estate planning is naming guardians for your minor children. It’s not just a “nice to have.” It’s a legal protection for your kids if something unexpected happens to you.
I can tell you from experience—if you haven’t named a guardian in a properly executed estate plan, the decision will fall to the court. And while Nebraska judges will absolutely do their best to choose someone appropriate, they don’t know your family like you do. They won’t know your values, your parenting style, or what you would want for your children’s future.
And informal promises—“Oh, my sister knows she’d take the kids”—won’t hold up in court. If it’s not legally documented, it won’t control what happens. Under Nebraska Revised Statutes, Chapter 30, the court must follow formal guardianship procedures—and a properly executed will is the primary way to nominate a permanent guardian.
A client of mine, a young couple with two little kids, came in recently to update their Nebraska wills and trusts. They told me they’d always assumed their best friends would step in to raise the kids if something happened. But when we talked it through, they realized those friends had since moved out of state, had their own challenges, and might not actually be the best choice anymore. They ended up nominating a different guardian—a close cousin here in Nebraska, who shares their values, lives nearby, and has a strong relationship with their children. Now, that choice is legally documented and will be clear to the court if it’s ever needed. Without that step, the decision could easily have gone in an entirely different direction.
Here’s a simple action you can take today.
Start by writing down two or three people you trust fully to raise your children. Then ask yourself:
do they align with your core values?
can they physically, emotionally, and financially care for your kids?
would your children feel secure and loved with them?
These are the kinds of questions I walk clients through when helping them build a guardianship nomination into their estate plan. Once those decisions are made, we make them legally binding—so they’ll hold up if they’re ever needed.
And while this post focuses on permanent guardianship (through your will), it’s also worth knowing that there are temporary options you can use in specific situations—for example, a power of attorney for minor children if you’ll be traveling or incapacitated short-term. These tools can complement, but never replace, the importance of having a clear, permanent guardianship plan in place.
It’s also important to remember that life changes. The people you would trust today may not be the right choice five or ten years from now. That’s why I encourage clients to review their guardianship nominations regularly—every few years, or after major life events—so their plan always reflects what’s best for their family.
Because when it comes to your children, no one wants to leave room for doubt or court battles. And in the hardest moments—if something ever happens to you—you want your family to be spared even more uncertainty and grief.
As a Nebraska guardianship attorney, I’ve seen how critical this piece of planning can be. Your legacy isn’t just about what you leave behind. It’s who you leave it to, and how prepared they are to carry it forward.
If you’d like help making sure your guardianship nominations and estate plan are in place and up to date, I’d be happy to talk with you. You can reach me at 402-259-0059 or zach@zandersonlaw.com to schedule a consultation.