Estate Planning

Omaha Estate Planning Attorneys

Preparing for Your Future, Today

Many of us are concerned with what happens after we die. We want to have a say in how our personal possessions, property, and other assets included in our “Estate” are distributed among family members, friends, and charities. In order to accomplish these goals, it is necessary to have an estate plan in place.

At Burnett Legal Group, we understand cases involving estate planning and probate can be highly complex and emotionally taxing, and that is why we stand ready to provide you with legal assistance. When you choose to work with our Omaha estate planning lawyers, we will examine every detail of your situation and determine which strategies can best safeguard your future and the futures of your closest loved ones. Remember, it is best to take action sooner rather than later, so we invite you to call us right away.

Don’t procrastinate on planning for the future. Contact our Omaha estate planning lawyers online or at (402) 810-8611 for a case evaluation from Burnett Legal Group.

Omaha Estate Planning Services & Beyond

Burnett Legal Group was founded by an experienced estate planning attorney, Anne Burnett, and estate planning continues to be a central practice area for the firm. Our attorneys have knowledge in drafting simple and complex estate plans, litigating estate disputes, and handling estate administration matters, such as inheritance tax determinations and probate.

When you come to our firm, our team of Omaha estate planning lawyers can help you with:

Drafting a will
Creating a trust
Establishing power of attorney
Setting up a guardianship or conservatorship
Probate and trust administration

We understand the death of a family member is one of the most difficult and stressful situations a family can face, but it can be made even worse with an inexperienced or uncaring estate planning attorney. Our team at Burnett Legal Group has extensive experience helping our clients through estate planning during their lifetime to make estate administration smooth and efficient after a loved one has passed.

Many families who reach out to us are unsure where to begin, especially when they are juggling grief, work, and family responsibilities. We walk you through each document and decision, from choosing trusted decision-makers to understanding how Nebraska law and local courts such as the Douglas County Court will handle your estate. By working closely with an estate planning lawyer Omaha residents can rely on for clear communication, you can move forward at a steady pace without feeling rushed or overwhelmed by legal jargon.

What is a Will?

The primary piece in an estate plan is a “Last Will & Testament,” which is why the person who signs the will is known as the “Testator.” A will is a document in which the testator names a trusted party as a “Personal Representative” (sometimes referred to as an “Executor”), an individual who administers the estate and ensures the testator’s wishes are carried out. A will also specifies to whom the testator wants his or her assets transferred. A will can also serve the important function of appointing a Guardian and Conservator for minor children should both parents pass away while their children are still young.

In addition to naming key decision-makers, a carefully prepared will can coordinate with beneficiary designations, trusts, and jointly owned property so that your overall plan works smoothly. Without this coordination, your family may end up in front of a probate judge at the Douglas County Courthouse or another Nebraska county court to resolve questions that could have been addressed in advance. By taking time to discuss your goals with an estate attorney Omaha families trust for thorough planning, you can reduce the chances of misunderstanding or conflict among the people you care about most.

Planning For Incapacity And Lifetime Decisions

Planning for incapacity ensures your affairs are handled if you become unable to make decisions due to illness or injury. It allows you to choose who will manage your health care and finances and helps avoid court intervention.

Incapacity planning ensures someone you choose can manage your health care and finances if you become unable to do so, helping avoid court-ordered guardianship in Nebraska.
Key documents include durable financial power of attorney, health care power of attorney, and living will, which authorize decision-making and set medical preferences without court approval from Douglas County Court or Sarpy County Court.

Contact Burnett Legal Group today to speak with an experienced Omaha estate planning attorney about your goals and options. Call (402) 810-8611 now to start building a plan that protects your assets and ensures your wishes are clearly carried out.

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Beneficiaries Must Be Updated

As an individual or couple moves through different milestones in life, it is important that they change their beneficiaries. One financial planner explains one situation he had with a client who, after divorce, updated his will to exclude his ex-spouse. However, because his beneficiary designations were not updated, his ex-spouse was entitled to his retirement account assets.

Life events such as marriage, the birth or adoption of a child, starting a business, or buying real estate in Omaha or elsewhere are all good reminders to review who is listed on your accounts and policies. We often encourage clients to schedule periodic check-ins so that their estate planning documents stay aligned with what they own and whom they want to protect. When you work with an estate lawyer Omaha residents can turn to for ongoing guidance, you have a partner who will remind you of these updates and help you avoid unintended results.

WHAT IF NO BENEFICIARY IS LISTED OR THE BENEFICIARY HAS ALREADY PASSED?

In these types of cases, assets automatically go into probate, which is when the assets are used to pay off any debts, and the remainder is distributed to heirs. Each state has laws that govern the amount of time creditors have to make a claim against a descendant’s estate. This time span usually lies between 6 months to a year.

Because probate is a court-supervised process, your personal representative will have to follow specific Nebraska procedures and meet deadlines set by the local court. This can feel intimidating for someone who has never dealt with legal filings or hearings, especially when they are still coping with a recent loss. By planning ahead with an estate planning attorney Omaha families can consult before a crisis, you can reduce uncertainty for your loved ones and give them clearer instructions to follow when the time comes.

Frequently Asked Questions

What is included in an estate plan?

An estate plan typically includes a will, powers of attorney, and possibly trusts, depending on your assets and goals. These documents determine how your property is managed and distributed and who can make decisions if you are unable to.

Do I need a trust or just a will?

It depends on your situation. A will is often enough for simple estates, while a trust can help avoid probate, provide more control over distributions, and manage more complex assets.

What happens if I die without an estate plan in Nebraska?

If you die without a plan, Nebraska intestacy laws decide who inherits your assets. This can lead to delays, added costs, and outcomes that may not match your wishes.

Can I change my estate plan later?

Yes. Most estate planning documents can be updated or revoked as your circumstances change, such as marriage, divorce, new children, or major financial changes.