Wills are are the traditional means of passing property upon death. Other methods include use of living trusts, other kinds of lifetime giving and certain forms of joint ownership. This section focuses its discussion on wills. Elsewhere we discuss joint ownership and trusts and compare the use of a trust to the use of a will. Because this area of the law is complex, an attorney should always be consulted before making a decision as to whether a simple will is right for you.

    A will should be thought of as one part of an estate plan, a plan which represents the culmination of a person's life--his or her work, hopes, and dreams. It is not easy to accumulate an estate in this day of high taxes, rising costs of living and of educating children. An estate represents what is left after a lifetime of work, and generally it is accumulated in the hope of passing on some measure of support to your family.

   If you are an adult and have a spouse, child or any property, you ought to have a will. The best way to carry out your hopes and dreams is through careful estate planning. Your will is a key part of your estate plan, and it may be the most important document you will sign in your lifetime. It is the vehicle by which, after death, you can do what you would do for your family if you were still alive.  

   If you die without having made a will, the law--not you--provides for the disposition of your property. Despite the fact that it is unlikely that you would have chosen to dispose of your property in the way prescribed by Nebraska's "intestacy" laws, these laws provide a rigid formula, and they make no exceptions. The failure to make a will could mean hardships and added expense for your immediate family and may benefit some relatives you do not even know.

   Besides providing for the disposition of your property, your will designates the person (called your "personal representative") who is responsible to see that your wishes are carried out. In it, you can also nominate the person who will act as guardian for your minor children in the event of your death.

   Preparing a will is an essential thing to do for every adult, but it is easy to put off the chore if you are enjoying good health. It goes without saying, though, that life is uncertain, and no one knows what lies for them around the next corner. Be prepared! Do your will now. For more detailed information, follow this link to our FAQs page.