The Real Cost of DIY Estate Planning in Nebraska
It always starts with good intentions.
Someone wants to keep things simple, avoid an extra legal bill, and figures they can just grab a will or power of attorney form online. It’s cheap, it looks official, and it promises to cover all the bases. But here’s the truth: most DIY estate planning documents don’t hold up when it matters most.
I’ve seen it firsthand—too many times to stay quiet about it.
A Cautionary Example: What One Family Learned the Hard Way
A Nebraska family recently came to me after their grandfather passed away. He had used a free online will template, assuming it would be “good enough.”
It wasn’t.
The will didn’t include a self-proving affidavit. It hadn’t been properly witnessed. And the language was vague enough to invite a legal challenge. Now, what should have been a straightforward inheritance has turned into a drawn-out, expensive court battle with a relative no one had heard from in years.
And while their grandfather was still alive? The power of attorney form he filled out online didn’t include the specific language his bank required. His family couldn’t access his accounts. They couldn’t pay his bills. They couldn’t help him.
The cost of doing it “cheap” was anything but.
Estate Planning in Nebraska: The Law Isn’t One-Size-Fits-All
Estate planning laws vary by state, and Nebraska has its own specific requirements. Many online legal forms are written to be as broadly applicable as possible—which means they often miss the details that actually matter here.
What Makes a Will Valid in Nebraska?
Under Nebraska law, a valid will must:
Be in writing
Be signed by the person making it
Be witnessed by two individuals
Preferably include a self-proving affidavit to avoid delays in probate
Generic will templates frequently leave out the affidavit or use unclear wording around terms like “residuary estate,” which Nebraska courts may interpret differently than another state would.
What About Power of Attorney Documents in Nebraska?
Nebraska follows the Uniform Power of Attorney Act, but financial institutions often require very specific clauses to honor a POA document. If the document doesn’t include powers for banking, real estate transactions, or gifting authority in language the institution recognizes, it can be rejected.
That’s right—you could do everything right except use the right words, and it still won’t work.
The Hidden Costs of DIY Estate Planning
The most common thing I hear from families in this position? “We thought it would be fine.”
And it might seem fine—until it’s not. Until there’s a crisis. Until someone dies or becomes incapacitated. That’s when the form you printed for $79.99 suddenly costs you thousands in court fees, legal delays, and family stress.
A “simple” probate dispute in Nebraska can easily cost several thousand dollars—and more if there’s a fight.
And let’s be honest: the cost isn’t just financial. It’s emotional. It’s the burden on the child trying to figure out what to do, the stress on the caregiver locked out of bank accounts, the resentment that builds when things feel uncertain or unfair.
Why Personalized Legal Planning Matters
Online forms don’t ask about your family dynamic, your specific assets, or your values. They can’t spot red flags. They don’t give you a heads-up if your choices might create tension down the road.
That’s where an estate planning attorney comes in.
It’s not just about making sure your documents are valid under Nebraska law. It’s about making sure they actually work—that your loved ones can follow your wishes without confusion, delays, or legal hurdles.
When you work with a Nebraska estate planning lawyer, you get:
Clear, legally sound documents tailored to your needs
Guidance on how to avoid probate or minimize court involvement
Help navigating sensitive family dynamics
Advice on health care directives, beneficiary designations, and asset titling
A Solid Plan Is a Gift to Your Family
Most people who use DIY forms aren’t trying to cut corners—they’re just trying to make the best decision with the information they have. But when you know better, you can do better.
Real estate planning isn’t just about checking boxes. It’s about protecting your people. And that’s worth doing right.
If you’ve been relying on online forms or have been putting this off altogether, now’s a good time to revisit your plan. The fix may be simpler—and more affordable—than you think.
Let’s make sure your estate plan is built to last. Contact me at 402-259-0059 or zach@zandersonlaw.com.
FAQ: DIY Estate Planning in Nebraska
Are online wills valid in Nebraska?
Only if they meet Nebraska’s legal requirements, which include being in writing, signed, and witnessed by two individuals. Many online templates skip the self-proving affidavit, which can slow probate. If not properly executed, the will may be considered invalid.
Can I use a free power of attorney form in Nebraska?
You can, but banks and other institutions may reject it if it lacks specific language. Nebraska follows the Uniform Power of Attorney Act, but local financial institutions still expect certain clauses, especially for financial or real estate matters.
What’s the risk of using a DIY will or POA?
The risk is that it won’t hold up in court—or even be accepted at all. That could leave your family in legal limbo, delay access to funds, and invite expensive probate disputes.
How much does it cost to fix a bad estate plan?
Fixing a flawed plan during a crisis—like after someone dies—often costs far more than it would have to do things right the first time. Even a basic probate matter can cost thousands if the documents are unclear or improperly executed.
What should I include in a Nebraska estate plan?
At a minimum, your estate plan should include a valid will, financial power of attorney, healthcare power of attorney, living will, and updated beneficiary designations. Depending on your goals, you may also need a revocable living trust or transfer-on-death deed.