Omaha Wills & Trusts Attorney

Creating a Will or Trust in Nebraska

Wills and trusts are two of the most basic—and important—elements of a sound estate plan. These components allow you to express your wishes regarding your assets and protect your loved ones and heirs after you pass. It is important that you draft a legally sound, valid will and/or trust to help ensure your wishes are not only known but also carried out.

At Carlson & Blakeman, LLP, we represent individuals from all walks of life in creating last will and testaments, living wills, and various types of trusts. Led by founding attorney Darren R. Carlson, our estate planning team provides personalized counsel and guidance tailored to each client’s unique situation. Whether you need help drafting a relatively straightforward will or are seeking assistance in establishing a trust for high net-worth assets, our firm is here to guide you through the process and help you achieve the peace of mind that comes from knowing your estate is protected.

Call (402) 858-0996 or contact us online to schedule a complimentary consultation with one of our wills and trusts attorneys in Omaha. 

What Is a Last Will & Testament?

A last will and testament, or simply a will, is an estate planning document that outlines how a person’s assets and properties should be distributed when they die. This includes who will receive which assets, such as surviving spouses, children, heirs, dependents, family members, and friends. An estate may still need to pass through probate—or the legal process of administering an estate—when a person dies with a will. However, the existence of a will often makes the process much faster, less stressful, and less time-consuming.

Everyone, including those with relatively few assets and those with extensive property, should consider creating a will. Without one, your estate—regardless of its size—will be divided by the court according to applicable state laws after you pass, no matter your wishes.

In addition to protecting your wishes regarding your assets, a last will and testament allows you to:

• Name a guardian for your minor children
• Appoint an executor, who will be in charge of ensuring your wishes are fulfilled
• Make charitable gifts and donations to causes you support
• Create a trust for any person or pet/animal

What Is a Living Will?

In Nebraska, a living will is different from a last will and testament. While a last will and testament dictates what will happen to your assets when you die, a living will allows you to provide instructions regarding your medical care in the event that you become incapacitated or otherwise incapable of making these decisions for yourself. Also known as an “advanced directive,” a living will is an important element of a health care directive, which outlines your wishes regarding both your health care and medical care.

What Makes a Will Valid in Nebraska?

To be considered valid, a last will and testament in Nebraska must meet the following requirements:

• The person making the will (known as the “testator”) must be at least 19 years old
• The testator must be of sound mind
• The will must not have been made under duress
• The will must be written, whether by hand or electronically
• The will must be signed by at least two witnesses

Generally speaking, oral wills are not considered valid in Nebraska. A valid will can be revoked or modified at any time, as long as the testator is of sound mind and is not under duress when altering the will.