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.

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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 Outdated beneficiary forms, unfunded trusts, missing powers of attorney, and loose ends after a divorce can leave Nebraska families dealing with court proceedings and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.

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What Estate Planning Steps Should Nebraska Business Owners Take Right After Selling a Business?

Selling a business turns hard-to-reach equity into cash, securities, and a seller's note, and that changes what your estate plan needs to do. This post walks Nebraska owners through six areas to review after closing: the county inheritance tax, where the proceeds live if you are married, lifetime gifts and Nebraska's three-year rule, titling and beneficiary designations, powers of attorney, and who manages the money if you cannot. It includes a checklist of what to gather and questions to ask your lawyer.

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What Happens When Mental Capacity Becomes a Concern During a Nebraska Court Case?

A diagnosis or cognitive change does not automatically decide whether someone can participate in a court case or who may act for them. Nebraska uses different standards for civil lawsuits, divorce proceedings, guardianships, and conservatorships. This article explains those distinctions, the roles of guardians, conservators, attorneys, guardians ad litem, and agents under powers of attorney, and the questions families should address before taking action.

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What Should Happen in the First 72 Hours After a Nebraska Business Owner Dies?

When a business owner dies, the first question is not who inherits. It is who has authority to act today. Nebraska's informal-appointment process generally requires 120 hours to pass before a general personal representative can be appointed that way, and a power of attorney ends at death, so the people everyone expects to step in often cannot. This post walks through who may have authority under each Nebraska business form, what to preserve in the first three days, what should wait, and when a special administrator may be worth requesting.

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Zach Anderson Zach Anderson

What Happens When Your Child With Disabilities Turns 19 in Nebraska?

Nebraska’s age of majority is 19, but families of young people with disabilities should begin planning much earlier. This guide explains what changes at 18 and 19, how long Rule 51 services may continue, whether IDEA parental rights transfer, what Nebraska courts require before appointing a guardian, and when a less restrictive alternative may better address the young adult’s needs.

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Turning 19 With a Disability in Nebraska: Is Guardianship Actually Required?

Turning 19 changes the legal relationship between a Nebraska parent and a young adult with a disability, but it does not make guardianship automatic. This guide explains Nebraska’s least-restrictive-alternative standard, the difference between limited and full guardianship, the role of powers of attorney and other alternatives, current special-education guidance, the county-court process, and the responsibilities that follow an appointment.

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What Happens If a Nebraska Will Leaves “the Business” to Someone, but the Business Changes Before Death?

A will may clearly state who should receive a Nebraska family business, yet a later sale, merger, LLC conversion, buy-sell agreement, lifetime gift, or incapacity transaction can change what the owner actually owns at death. Nebraska’s ademption rules determine whether the beneficiary receives the business interest, an unpaid sale balance, a value-based claim, or nothing under the specific gift. This guide explains the key Nebraska statutes and cases, the distinction between entity property and ownership interests, and the planning steps that can reduce uncertainty.

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Why Do Wealthy Nebraskans Use Revocable Living Trusts If They Don't Save on Taxes?

A Nebraska revocable trust is not a tax dodge or asset-protection vault. It is a privacy, continuity, and administration tool, especially for families with real estate, business assets, blended-family issues, incapacity concerns, or potential creditor exposure.

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Who Should I Name as My Power of Attorney in Nebraska, and Should I Use a Corporate Fiduciary?

Choosing who should serve as your power of attorney in Nebraska is less about naming the person closest to you and more about choosing someone who can actually do the job. This article explains the difference between a financial power of attorney and a health care power of attorney, when a spouse or adult child may be the right choice, when a professional fiduciary may be worth considering, and why recordkeeping, self-dealing, beneficiary changes, and family conflict all matter. It also explains why a power of attorney can reduce the need for court involvement, but cannot guarantee that disputes, guardianship, conservatorship, or probate issues will be avoided.

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“My Kids Will Figure It Out” — Why That’s Not a Plan

Even responsible adult children need more than trust—they need a plan. This post breaks down why ‘They’ll figure it out’ isn’t enough when it comes to estate planning, and how a clear, legally sound strategy can protect your family and preserve peace.

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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.