Estate Planning for Same-Sex Couples in Nebraska

Part I

Same-sex couples in Nebraska can protect themselves and their partners with Estate Planning services.  Although marriage between same-sex partners is not allowed in Nebraska, there are three important Estate Planning services that every couple should consider: a Will, Healthcare Directives, and Financial &Healthcare Powers of Attorney.  

A Will may set forth a specified distribution of the decedent’s assets to their named partner. Nebraska intestacy law provides that if a spouse dies without a Will all of the estate will be left to the surviving spouse.[1] However, it is particularly important for same-sex couples not afforded marriage to execute a Will to ensure their estate is left to their partner.

Additionally, the Will may name a partner as executor, trustee, decision-maker, and guardian if the decedent should have any minor children.[2] It is important to remember that a Will, is not automatically revoked if the same-sex couples relationship dissolves unlike when a heterosexual couple divorces.[3] An individual may transfer his or her property into a living trust during life, instead of a Will, in order to avoid conflicts in probate.[4]

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[1] http://nebraskalegislature.gov/laws/statutes.php?statute=30-2209

[2] Anthony M. Brown, Estate Planning for Same-Sex Couples: Practicalities, Precautions, Perils, and Proposals, 12 Fla. Coastal L. Rev. 217 (2010)

[3] Id.

[4]Id.


This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts.