Estate Planning in Nebraska: Why Having a Will Matters

What Happens If You Die Without a Will in Nebraska, and Why You Need One Even if You're Young, Partnered, or Child-Free

As laws shift and long-held protections are called into question, many people are left wondering what steps they can take now to safeguard their rights and relationships. This ongoing blog series from McGill Law features insights from Associate Attorney Ashley Palma, exploring legal options that help you create and protect the life and family you choose, no matter what changes come next.

In this second post, Ashley explains why having a will matters in Nebraska, especially for people whose families and partnerships may not follow a traditional legal mold. Whether you are partnered but unmarried, living in a blended household, or simply want to make sure your wishes are honored, this post outlines what you need to know and the outcomes that can happen if you do not leave a will in place.

Quick Answer: In Nebraska, if you die without a will, your assets are distributed based on intestate laws. Your spouse, partner, or chosen family may not receive what you intended. A valid will ensures your wishes are honored.

The laws surrounding Last Wills and Testaments in Nebraska have remained largely consistent over time. That stability is a good thing. It means we still value the idea that individuals have the right to decide who inherits their property after they pass.

But here’s the truth: if you die without a will in Nebraska, your estate will follow intestate succession laws, and the results may not reflect your wishes.

What Happens If You Die Without a Will in Nebraska?

Dying without a will is called intestate. When that happens, Nebraska statutes determine how your assets are distributed. You don’t get a say.

For example, if you’re in a long-term relationship but not legally married and die without a will, your partner may receive nothing. Your assets could go to family members you were not close with, simply because they fall next in line under the law.

Similarly, if you are married with minor children, your spouse may not inherit your entire estate. In Nebraska, if someone dies without a will and has both a spouse and either children or living parents, the spouse only inherits a portion. This is often not what people expect or want, especially when children are still young.

Who Inherits Without a Will: Common Surprises

If you are unmarried and have no children, Nebraska law sends your estate to your parents. If your parents are no longer living, the estate goes to your siblings. It doesn’t matter if your closest relationships were with friends, a longtime partner, or someone who felt like family.

Without a valid will, you cannot:

  • Leave money to a friend, stepchild, or someone outside your legal family

  • Prevent a specific family member from inheriting

  • Support a nonprofit, cause, or spiritual community

  • Make sure your spouse or partner receives everything

Why a Will Matters for Unmarried Partners and Blended Families

Estate planning in Nebraska is especially important for couples who are not legally married, LGBTQ+ families, blended families, or anyone whose life and relationships don’t fit a traditional mold. Wills make your intentions clear and enforceable. They protect the people and causes that matter most to you.

You deserve to have a say in how your legacy is shared.

How to Make a Will in Nebraska That Reflects Your Values

If you want your estate to reflect your relationships and your values, you need more than good intentions. You need a plan that is legally binding.

At McGill Law, we help clients in Omaha and Lincoln create estate plans that are personal, practical, and thorough. Our services include:

  • Wills

  • Health care power of attorney

  • Financial power of attorney

  • Living wills

Whether you want to protect your partner, your children, your friends, or a favorite charity, we can help you create a plan that makes your intentions clear.

Estate Planning Support in Omaha and Lincoln

You do not have to wait for a major life event to get started, and you do not have to do it on your own.

Call McGill Law at 402-548-5418 or contact us online to set up a consultation. We are here to help you protect what matters most.


About the Author

Ashley Palma is an Associate Attorney at McGill Law. She focuses on helping individuals and families protect their rights through thoughtful legal planning and representation. Ashley works with clients across Nebraska on matters including name changes, estate planning, and family law. Her compassionate, inclusive approach helps clients feel seen, heard, and protected.

Schedule a consultation with Ashley.

Frequently Asked Questions about Wills and Estate Planning in Nebraska

What happens if I die without a will in Nebraska?
Your estate is distributed according to Nebraska’s intestate succession laws. This may mean your spouse, partner, or chosen family members do not inherit what you intended.
Does my partner inherit anything if we’re not married?
No. Nebraska law does not recognize unmarried partners as heirs. You must name your partner in a valid will or estate plan for them to inherit.
Can I leave part of my estate to a friend or nonprofit?
Yes. A valid will allows you to leave money, property, or personal items to any person, organization, charity, or cause you care about.
What is the difference between a will and a living will?
A will decides where your assets go after your death. A living will outlines your medical care wishes if you become unable to communicate, such as life support or resuscitation preferences.
Do I need a lawyer to make a will in Nebraska?
It is not required, but working with an attorney ensures your will is valid, complete, and reflects your true wishes under Nebraska law.
How often should I update my estate plan?
You should review it every few years or after major life changes like marriage, divorce, childbirth, or a move. An outdated will can create confusion or unintended outcomes.