Last Will and Testament
A will is a fundamental component of an estate plan. It sets forth who will inherit your estate, who will be in charge of administering your estate, and who will be the guardian and conservator for your minor children.
Beneficiaries of Your Estate
If you do not have a will upon your death, you die “intestate.” This means that Nebraska state law will determine who inherits your estate. The state’s choice for who receives your assets and property may be in conflict with your intentions.
Your will can set forth specific wishes and instructions regarding the disposition of your assets and property. For example, you can choose to give a specific dollar amount or percentage of your estate to a loved one or an identified charity. You can also identify any meaningful pieces of personal property to be provided to specific individuals.
Protecting Your Children
A will ensures you name a guardian for your children. A guardian is the person who will be legally responsible for your children and act as a parent in your absence.
A conservator can also be named in your will. A conservator’s role is to manage any money or property that you leave to your children until they are old enough to manage it on their own.
For parents who die without a will, a probate judge will determine who will be legally and financially responsible for their children without the parent’s input or preferences taken into consideration.
Few decisions in life are more important than who will care for your children if you are unable to. Having a properly prepared estate plan will protect your children and ensure they are provided for physically, emotionally, and financially in your absence.
Naming a Personal Representative
Your will will also identify a personal representative or executor of your estate. This person is responsible for managing the assets of your estate, paying any existing debts, ensuring your assets are distributed to your loved ones per your wishes, and guiding your estate through the probate process to ensure your wishes are carried out.
Contact our office to schedule a consultation with an attorney to discuss your options.