Wills Are Important—But Here’s Where They Can Go Wrong
Most people know they should have a will. But not everyone realizes that just having one isn’t enough.
Wills are a crucial piece of any Nebraska estate plan—but when they’re outdated, unclear, or poorly drafted, they can create confusion, conflict, and costly delays. I’ve seen it firsthand: outdated documents that name the wrong people. Wills that ignore major life changes. Families left reeling because a form downloaded online didn’t actually do what the person thought it would.
Let’s walk through five of the most common problems with wills—and what to do to make sure your own doesn’t leave a mess behind.
1. Your Will Is Outdated
Life doesn’t stand still—and your will shouldn’t either. If you’ve had children, divorced, remarried, inherited property, lost a spouse, or moved across state lines, your will probably needs an update.
Nebraska’s probate and estate laws have also evolved over time. That means even if your will was professionally drafted 15 or 20 years ago, it might not reflect current legal standards or your current life circumstances. A good rule of thumb? Review your will every 3–5 years, or after any major life event.
2. Your Executor Isn’t a Good Fit
In Nebraska, your executor (also called a “personal representative”) is the person responsible for settling your estate after you pass away. That includes locating assets, dealing with creditors, navigating probate court, and distributing property to beneficiaries.
It’s a big job. And it’s not for everyone.
Too often, people name someone out of obligation—like a grieving spouse, overwhelmed adult child, or someone who simply doesn’t want the responsibility. A well-intentioned choice can lead to probate delays, paperwork issues, or even court challenges. Before naming someone, ask: are they capable, organized, and willing to take this on?
3. Your Will Doesn’t Cover Everything
One of the biggest misunderstandings about wills? People think they control all of your assets. But many assets actually pass outside your will—including:
Life insurance
Retirement accounts like IRAs and 401(k)s
Jointly owned property
Pay-on-death or transfer-on-death accounts
These transfer based on beneficiary designations—not what your will says. If those designations aren’t up to date, your assets could end up in the wrong hands. It’s not uncommon for ex-spouses, estranged relatives, or outdated choices to inherit simply because no one changed the paperwork.
Digital assets are another blind spot. If you’ve got online banking, email, social media accounts, or cloud storage, your estate plan should clarify who can access and manage those. Nebraska law requires specific language to grant digital access—so don’t assume it’s automatic.
4. Your Will Is Too Vague—or Unintentionally Hurtful
Unclear or overly general wills can cause serious problems. Language like “divide everything equally” or “my personal belongings to be shared among my children” sounds fair—but without specifics, it can leave loved ones guessing, arguing, or heading to court.
Nebraska courts do their best to interpret unclear documents, but that process takes time, money, and often creates more stress for the people left behind.
If you’re leaving unequal gifts or excluding someone entirely, that’s your right—but it needs to be intentional and legally solid. A good estate plan doesn’t just say who gets what—it reduces surprises, protects relationships, and helps people carry out your wishes without extra strain.
5. Your Will Isn’t Enough on Its Own
This one’s big: a will alone won’t help you avoid probate, protect your assets during life, or plan for incapacity. That’s why a full Nebraska estate plan should include more than just a last will and testament.
Depending on your needs, you may also want:
A revocable living trust, which helps avoid probate and keep matters private
A durable power of attorney, to allow someone to manage finances if you become incapacitated
A healthcare power of attorney and living will, to guide medical decisions
Up-to-date beneficiary designations, for retirement and insurance accounts
A designated guardian for minor children, which is typically done in your will
Without these tools in place, your loved ones could be forced into court—filing for guardianship or conservatorship just to help you or your kids.
Here’s the Bottom Line
Wills matter—but they’re only one part of the plan. To actually protect the people and things that matter to you, your documents need to be current, specific, and part of a bigger strategy.
If you’re in Nebraska and not sure whether your will still reflects your wishes—or if you haven’t created one yet—it’s a smart time to check in. I help families across Nebraska put clear, legally strong plans in place so they can avoid unnecessary conflict and stress.
You don’t need to have everything figured out. You just need a place to start.
Contact me at 402-259-0059 or zach@zandersonlaw.com to schedule a consultation.
FAQ: Wills and Estate Planning in Nebraska
Do I need a will in Nebraska if I already have a trust?
Yes. A trust handles many things, but a will can name a guardian for minor children and act as a safety net for any assets not titled in the trust.
Can I write my own will in Nebraska?
You can, but it’s risky. Mistakes or vague language can lead to probate delays or conflict. A professionally drafted will ensures your wishes are clear and legally enforceable.
Does a will avoid probate in Nebraska?
No. A will guides the probate process, but it doesn’t skip it. If you want to avoid probate entirely, a trust is often the better tool.
How often should I update my will?
Every 3–5 years, or whenever you experience a major life change like a birth, death, marriage, divorce, or significant financial shift.
What happens if I die in Nebraska without a will?
Nebraska’s intestacy laws determine who inherits your assets—which may not align with your wishes. For example, long-term partners or stepchildren may receive nothing.