What Happens If My Unmarried Partner Dies Without a Will in Nebraska?

If your unmarried partner dies without a will in Nebraska, the law does not treat you as a default decision-maker or heir. No matter how long you lived together or how intertwined your lives were, Nebraska intestacy laws generally send property to legal relatives such as parents, siblings, or children, not to an unmarried partner. That gap can leave surviving partners without a home, without access to accounts, and without authority to make medical decisions, all at the moment when stability matters most.

This is one of the most common and painful surprises I see in estate planning. Couples often assume that living together, sharing bills, or even raising children together creates legal protection. It does not.

Nebraska law is still built around marriage and blood relationships. Unless you plan ahead, the law treats unmarried partners as legal strangers at death or incapacity.

The good news is that this risk is fixable. A properly structured estate plan can protect your partner, preserve your wishes, and keep decisions in the hands of the person you trust most. This article explains exactly what happens under Nebraska law and which documents unmarried couples should prioritize.

What happens if my unmarried partner dies without a will in Nebraska?

If your unmarried partner dies without a will in Nebraska, you generally inherit nothing unless you are already a legal co-owner or a named beneficiary. Nebraska’s intestate succession laws do not include unmarried partners in the line of inheritance, regardless of how long the relationship lasted or how financially intertwined you were.

When there is no valid will, Nebraska law directs the estate to a surviving spouse first, then to children, parents, or siblings. An unmarried partner is not part of that statutory order. As a result, property titled solely in your partner’s name usually passes to their legal relatives, not to you, even if you shared the home or contributed financially.

In real terms, this often means a surviving partner loses access to bank accounts, has no legal claim to the house they live in, and is forced to negotiate with family members who may not agree with the deceased partner’s wishes.

Why doesn’t Nebraska treat unmarried couples as a legal family unit?

Nebraska structures inheritance and decision-making laws around marriage and blood relationships rather than cohabitation. Living together does not create spousal rights, and Nebraska does not recognize new common-law marriages formed within the state.

Because of this framework, hospitals, financial institutions, and courts default to legal relatives when someone becomes incapacitated or dies. Without written legal authority, an unmarried partner may have no say in medical decisions, no right to manage finances, and no inheritance rights at all.

This is not a gray area or a technical loophole. It is a direct consequence of how Nebraska statutes are written and applied.

What are the biggest risks for unmarried couples if one partner dies?

The most significant risks are loss of inheritance, housing instability, and exclusion from medical decision-making.

Housing is often the most immediate issue. If the home is titled in only one partner’s name, the surviving partner may have no right to remain there once the legal heirs take ownership.

Asset distribution is another common problem. Retirement accounts and life insurance pass by beneficiary designation, not by a will. If those forms list a parent, sibling, or former partner, those assets pass to that person automatically, even if that is not what the deceased partner intended.

Medical decision-making is frequently the most urgent risk. Nebraska’s default surrogate decision-making statute prioritizes spouses, parents, and adult siblings, but excludes unmarried partners entirely. Without a healthcare power of attorney, a surviving partner can be sidelined from medical decisions during a crisis, even if they are the person who knows the patient best.

What about children and custody if we are not married?

Inheritance and custody are legally separate issues, but they often collide in practice. If you have children together, legal parentage matters more than marital status. A biological or legally established parent can assert custody rights. A non-parent partner, such as a long-term partner who has not adopted the child, may have limited or no standing without prior court orders.

For unmarried parents, it is especially important to document parentage correctly and name guardians in a will. Without that planning, custody disputes can arise quickly after a death, often involving extended family members and emergency court proceedings.

What estate planning documents do unmarried couples need most?

Unmarried couples need a coordinated estate plan that replaces the protections marriage provides automatically.

Powers of attorney are foundational. A healthcare power of attorney allows your partner to make medical decisions if you cannot. A financial power of attorney allows them to manage bills, accounts, and day-to-day obligations during incapacity.

A last will and testament allows you to leave property to your partner and name guardians for children. Without it, Nebraska’s default laws control the outcome.

Beneficiary designations must be reviewed and updated carefully, because these designations often override the will entirely.

For many unmarried couples, a revocable living trust is the most effective tool. A trust can allow a surviving partner to remain in the home or receive financial support while still preserving assets for children or other family members, all without court involvement.

FAQ: Common questions about unmarried couples and inheritance in Nebraska

If my live-in partner dies, do I automatically get the house?

No. Living in the home does not create inheritance rights. Unless you are on the title with survivorship rights or named in a will or trust, the home usually passes to the deceased partner’s legal heirs under Nebraska law.

Does Nebraska recognize common-law marriage for inheritance?

No. Nebraska does not create new common-law marriages. Simply living together does not grant spousal inheritance rights.

Can my partner make medical decisions for me if we are not married?

Not automatically. Nebraska law prioritizes spouses, parents, and adult siblings. An unmarried partner has no default authority unless a healthcare power of attorney is in place.

Is estate planning worth it if we don’t have many assets?

Yes. For unmarried couples, estate planning is less about wealth and more about control. It ensures your partner can make medical decisions, handle finances, and remain in your shared home during a crisis.

Why planning ahead matters

Unmarried couples in Nebraska face real legal risk when they rely on assumptions instead of documents. The law will not fill in the gaps for you.

A thoughtful estate plan protects your partner, reduces stress for your family, and ensures your wishes are followed instead of default rules that do not reflect your life.

Do not leave your partner’s future up to a law that does not recognize them.

At Zachary W. Anderson Law, I help families of all shapes and sizes build estate plans that actually work. If you are living with a partner and are not sure where you stand under Nebraska law, let’s address it now.