Can a Nebraska Surviving Spouse Claim Part of a TOD Account Left to the Children?
A Kentucky appeals court recently held that a widow was entitled to half of about $2.33 million in transfer-on-death accounts that named her late husband’s children. Could that happen in Nebraska? We use a different system, called the elective share and “augmented estate,” but a TOD designation still may not be the last word if you’re married. Here’s how Nebraska treats TOD and POD accounts, what can be excluded, why the deadlines need early attention, and what to review if you’re planning in a second marriage.
What Are the Ten Most Common Estate Planning Mistakes in Nebraska, and How Can You Avoid Them?
A will matters, but it's rarely the whole plan. Outdated beneficiary forms, unfunded trusts, missing powers of attorney, and loose ends after a divorce can leave Nebraska families dealing with court proceedings and uncertainty at an already hard time. Our latest post walks through ten common estate planning mistakes, what Nebraska law generally says about each, and questions worth raising with a lawyer while you're still able to make your own decisions.
How Can I Provide for My Spouse in Nebraska Without Disinheriting My Kids From a Prior Marriage?
Remarried with kids from a prior marriage? Nebraska's elective-share and allowance statutes give a surviving spouse rights your will cannot simply erase, and leaving everything to your spouse outright gives your children no guarantee. This post explains how the augmented estate works, what the 2027 allowance changes mean, and how marital trusts, written waivers, and coordinated beneficiary designations fit together, plus what to gather before you meet with a Nebraska estate planning attorney.
What Happens When a Trust Ignores a Prenup? Lessons for Nebraskans from the Malcolm-Jamal Warner Estate Dispute
One year after actor Malcolm-Jamal Warner's death, his widow reportedly sued the trustee of a family trust he created back in 1996 — decades before his marriage, his prenup, and his daughter. The reported allegations raise a question that lands close to home for many Nebraska blended families: what happens when an old trust and a newer prenuptial agreement point in opposite directions? We walk through how Nebraska law actually handles it — claims against revocable trusts, the elective share and its unforgiving deadlines, the will-based protections for omitted spouses and children, and the changes the Legislature just made through LB 838.
What Happens to Your Will, Beneficiaries, and Powers of Attorney During a Pending Nebraska Divorce?
Filing for divorce in Nebraska does not automatically revoke your will, remove your spouse from beneficiary designations, or sever jointly owned property. It may, however, terminate a spouse’s authority under a financial power of attorney. Learn which estate-planning rules apply while a Nebraska divorce is pending, what can happen if a spouse dies before the decree, and why court orders and plan documents must be reviewed before making changes.
If I Sign a Prenup in Nebraska, Am I Also Giving Up Inheritance Rights?
A Nebraska prenup is not only a divorce document. It may also affect what a surviving spouse can receive if the other spouse dies. This article explains Nebraska’s default surviving-spouse protections, how broad waiver language can give those rights up, and why a prenup should be coordinated with wills, trusts, beneficiary designations, and retirement-plan paperwork.
What Happens to My Will and Estate Plan After a Divorce in Nebraska?
Divorce changes more than your relationship status. In Nebraska, a divorce may affect parts of your estate plan, but it does not automatically fix every will, trust, beneficiary designation, power of attorney, deed, retirement account, or life insurance policy. This article explains what Nebraskans should review after divorce, why beneficiary forms and court orders matter, and how thoughtful estate planning can help protect your children, property, and future decision-making.
Do I Need to Update My Will and Beneficiaries After a Divorce in Nebraska?
Divorce changes more than your relationship status. In Nebraska, a divorce may affect parts of your estate plan, but it does not automatically fix every will, trust, beneficiary designation, retirement account, life insurance policy, power of attorney, or real estate title issue. This article explains why Nebraskans should review their estate plan after divorce or legal separation, what automatic revocation rules may and may not do, and why updating beneficiary forms directly can help avoid confusion, court disputes, and unintended results.
What Is the Biggest Financial Mistake After Divorce in Nebraska?
Divorce settlements can feel final before the money is actually available. This Nebraska-focused guide explains why spending settlement funds too soon can create problems with property division, QDROs, refinancing, taxes, and post-divorce planning.
Blended Family Estate Planning in Nebraska: How Do You Protect Your Spouse and Your Children?
Blended family estate planning is where “simple” plans tend to break. If you’re remarried (or planning to be), leaving everything to your spouse and trusting it will “work out later” can unintentionally disinherit your children from a prior relationship. Nebraska law also adds wrinkles most people don’t see coming, including the elective share and augmented estate rules that can affect what a surviving spouse is entitled to claim, even when a will says otherwise. A good blended-family plan isn’t about picking sides. It’s about building a structure that protects your spouse with real financial security, while also locking in a protected legacy for your children, and coordinating beneficiary designations so your plan actually works when it matters most.
Should We Try “Apartnership” (Living Apart Together) Before Divorce in Nebraska?
If you and your spouse still care about each other but living under the same roof has become nonstop conflict, “apartnership” (Living Apart Together, or LAT) can be a practical step to explore before filing for divorce. In Nebraska, though, LAT isn’t a legal status. Moving into separate homes doesn’t automatically protect you from marital debt, property issues, or parenting disputes unless you put the right structure in place. This guide explains when LAT can help, when it’s unsafe, and the Nebraska-specific legal and parenting risks to think through before you sign a lease or move out.
Can One Outdated Beneficiary Form Wreck an Otherwise Good Nebraska Estate Plan?
Beneficiary designations often control more of your estate than your will. In Nebraska, retirement accounts, life insurance, and certain bank or investment accounts pass by contract, which means outdated forms can undermine even careful planning. This post walks through the most common mistakes, the divorce-related legal nuances that trip people up, and how to make sure your estate plan actually works when it matters.
What Happens to Your Estate Plan After Divorce in Nebraska?
Divorce changes everything—including your estate plan. Many people don’t realize that while Nebraska law automatically removes an ex-spouse from a will, it doesn’t affect life insurance, 401(k)s, or other beneficiary designations. That means your ex could still inherit your assets if you don’t update your paperwork. This post explains how Nebraska law treats wills, trusts, and non-probate assets after divorce, why ERISA plans are the biggest “gotcha,” and the key steps to protect your legacy and avoid costly mistakes.
Please note:
The content on this blog is for general informational purposes only and is not legal advice.
Reading it does not create an attorney-client relationship.
For personalized guidance tailored to your specific circumstances,
it's always best to connect with a qualified attorney.