Think “Everyone Knew What Mom Wanted” Is Enough? Think Again.
As an estate planning attorney in Nebraska, I hear this scenario all the time: “We all knew what Mom wanted. She said my brother could have the house. We all agreed.”
The problem? Verbal wishes don’t hold up in probate court. They’re not legally enforceable. And when a family tries to rely on what “everyone knew,” it usually leads to delays, unexpected costs—and often, broken relationships.
What happens if someone passes away without a written estate plan in Nebraska? The law applies Nebraska’s intestacy rules, which do not factor in conversations, promises, or family agreements. The probate court will require legally binding documents: a valid will, a trust, or formal ownership documents. Without these, even the most well-intentioned families can quickly find themselves stuck.
Let’s walk through a common example I see in Nebraska estate administration:
A person dies owning a home, but without a valid will or trust. One family member—often an adult child—has been living in the home. The entire family believes this person was supposed to inherit it. Everyone agrees that was the deceased’s wish. But because it wasn’t written down, the property now goes through probate in Nebraska.
Someone must be formally appointed as the estate’s personal representative. That takes time. Meanwhile, the estate may owe probate fees or taxes based on the property’s value. And no transfer can occur until the court process is underway.
Now the real friction begins:
• Who pays for the mortgage (if there is one), utilities, property taxes, insurance, and general upkeep while the property is in probate?
• The other heirs assume the person living in the home will cover those costs.
• The person living there assumes the estate will pay until ownership is transferred.
• Legally, there is no clear obligation either way—because there was no formal direction in place.
When it comes time to transfer the property, more issues arise. Someone has to pay for legal fees, deed preparation, recording costs, and potential transfer taxes. If the estate covers these, other heirs often resent it—after all, they’re paying to give an asset to someone else. If the person living in the home is asked to pay, it may feel like they’re being forced to buy something they were told would be gifted.
Then there’s the emotional powder keg: personal property. If the person living in the home begins removing or distributing furniture, artwork, or sentimental items before the estate is settled, tensions escalate—fast. I’ve seen families fall apart over situations just like this.
The bottom line? If you want someone to receive a specific asset—especially a valuable one like real estate—you must put it in a will, trust, or other legally binding document. That’s what proper Nebraska estate planning is for. Clear, written plans prevent this kind of financial and emotional fallout.
And if your family is already caught in a situation like this, it’s critical to get qualified legal advice as soon as possible. The longer these things “muddle along,” the more damage tends to be done.
If you’re ready to make sure your wishes are clear and enforceable—or if your family is already navigating this kind of conflict—I’m here to help. Contact me at 402-259-0059 or zach@zandersonlaw.com. Good planning now protects your loved ones later. And it helps preserve the relationships that matter most.