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Wills

Omaha Wills Attorneys

Experienced Representation, Helping You Create a Strong Will

Wills play a crucial role in estate planning, ensuring the preservation of your legacy. Understanding the different types of wills is vital to properly safeguard your property, possessions, and children's well-being. It allows for the appointment of a trusted individual to manage your estate and will help you save money by avoiding probate disputes. Consulting with an attorney will help you build a strong will that can ensure your wishes are followed, rather than leaving it up to the state to determine the division of your assets.

At Burnett Legal Group, we can help you create a will that is tailored to your unique circumstances. Our Omaha wills attorneys will help you create a will that is legally sound and that protects your estate.

Reach out to us today at (402) 810-8611 to schedule your free initial consultation!

What Is a Last Will and Testament?

A Last Will and Testament is a legal document that outlines your wishes regarding the distribution of your assets after your passing. It allows you to name beneficiaries, designate an executor to carry out your wishes, and, if applicable, appoint a guardian for minor children. Your will is a crucial part of your estate plan and ensures that your intentions are honored.

What Is a Living Will?

In addition to a traditional will, a Living Will is an essential component of comprehensive estate planning. A living will is a document that allows you to state your wishes regarding life-sustaining medical treatment in the event that you become terminally ill or permanently unconscious. It allows you to state whether you would like to be kept alive through artificial means, such as a ventilator or a feeding tube. It also allows you to state whether you would like to receive extraordinary life-sustaining medical treatment, such as CPR, defibrillation, or emergency medical services. If you have a living will, your loved ones will be able to make decisions regarding your medical care with greater certainty.

A living will is different from a will because it does not designate who receives your property after you pass away. 

Validity of a Will in Nebraska

To be deemed valid in Nebraska, a last will and testament must meet specific requirements. These include:

  • The testator being at least 19 years of age, being sound of mind, and not creating the will under any form of duress.
  • The will must be a written document, whether handwritten or electronic, and signed by a minimum of two witnesses.

It is important to note that Nebraska does not recognize oral wills as valid. Furthermore, a valid will can be modified or revoked as long as the testator is of sound mind and not under duress. Ensure compliance with these guidelines for your will to hold its legal weight in Nebraska.

Benefits and Drawbacks of Drafting a Will

Drafting a will has numerous benefits. It gives you control over:

  • Asset Distribution: A will allows you to distribute your assets according to your preferences.
  • Family Security: Designate guardians for minor children, providing them with a secure and loving environment.
  • Executor Appointment: Appoint a trusted individual to carry out your wishes and manage your estate.

Additionally, a will also helps minimize disputes among surviving family members.

However, there are also drawbacks to consider:

  • Probate Process: Wills go through the probate process, which can be time-consuming and costly.
  • Public Record: Wills become public record, potentially exposing your financial affairs.

Drafting a will can be time-consuming and requires careful attention to detail. Without professional guidance, errors or omissions could potentially lead to disputes or complications with the probate process.

How Our Wills Attorneys Can Help

The wills attorneys at Burnett Legal Group are committed to helping you navigate the complexities of estate planning. We work closely with you to understand your wishes and provide tailored advice to protect your legacy. Our team can help with drafting a will, updating an existing one, and ensuring its validity under Nebraska law.

Take the first step toward securing your future and protecting your loved ones. Contact the Omaha wills attorneys at Burnett Legal Group.

Call us at (402) 810-8611 or reach out to us online to schedule your free initial consultation!

Commonly Asked Questions

What are the different types of wills in Nebraska?

In Nebraska, there are different types of wills, including traditional wills, holographic wills (handwritten wills), and nuncupative wills (oral wills). Each type has specific requirements and limitations, so it's important to consult with an attorney to determine the best option for your situation.

Can I make changes to my will after it has been created?

Yes, you can make changes to your will through a codicil, which is a legal document used to modify specific provisions of a will. Alternatively, you can create a new will that explicitly revokes the previous one. It's essential to ensure that any modifications comply with Nebraska law to maintain the validity of your will.

What happens if I die without a will in Nebraska?

If you pass away without a will in Nebraska, your assets will be distributed according to the state's intestacy laws. This means that the court will determine how your property is divided, which may not align with your wishes. It's crucial to create a will to ensure that your estate is handled according to your preferences.

What is the role of an executor in a will?

An executor, also known as a personal representative, is responsible for carrying out the instructions outlined in your will. This includes managing your estate, paying debts and taxes, and distributing assets to beneficiaries. Selecting a trustworthy and capable executor is essential to ensure that your wishes are fulfilled.

Are there specific requirements for witnesses to a will in Nebraska?

Yes, in Nebraska, a will must be signed by at least two competent witnesses to be considered valid. These witnesses must be present when the testator (the person making the will) signs the document and must also sign the will in the testator's presence. It's important to adhere to these requirements to prevent potential challenges to the validity of the will.

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