Omaha Estate Planning Lawyers
In addition to our business and corporate law practices, Croker Huck Law Firm offers a full array of estate planning services. We also provide clients with options to reduce tax obligations, when that is their primary goal.
Estate Planning for Your Future
Whether you are looking for a simple will or complex estate plan, our planning approach addresses your concerns:
- Who will take care of your children if you and your spouse should die?
- Who will make health care decisions on your behalf?
- What will happen to your assets?
- How do you avoid probate altogether?
- How do you support a child with special needs?
- Who will have responsibility for your debts?
- What will happen to your family farm or business?
Knowledgeable Nebraska Estate Planning Attorneys
Our goal in our estate planning practice is to properly reflect our clients’ wishes through effective estate planning. We carefully analyze each unique situation and make recommendations to meet the specific needs of each client. Our lawyers assist clients with a full set of planning tools, and at all stages from planning to administration, including:
- Wills and trusts
- Estate tax planning, including sophisticated gifting techniques, charitable trusts and generation-skipping trusts
- Estate administration
- Trust administration
- Living wills
- Transfer on death deeds
- Health care power of attorney and general power of attorney
- Probate administration
- Asset protection
- Tax law
- Elder law
- Special needs
- Long-term care planning
- Guardianships and conservatorships
Experienced in Probate Litigation • Will Contests • Executor Defense
Our highly experienced litigation team has many years of experience in representing parties contesting or defending a will, seeking or defending against the removal of a personal representative, and other disputes that may arise in trust and probate administrations.
Potential Outcomes Of Passing Away Without A Nebraska Estate Plan
When someone passes away without a valid estate plan in Nebraska, state intestacy laws determine who receives their property and in what proportions. Unfortunately, these rules may not reflect personal wishes, unique family dynamics or preferred beneficiaries. The probate court will also obtain the authority to appoint a guardian for minor children, removing the parents’ ability to choose.
Another possible outcome is that the estate may be subject to a lengthy probate process that offers little privacy and leaves important decisions in the hands of the court. Other consequences of not having an estate plan include increased legal expenses and potential disagreements about how assets should be handled.
The Probate Timeline, Process And Cost
Probate in Nebraska is generally required when someone dies owning assets solely in their name without beneficiary designations or joint ownership. The process begins when the court appoints a personal representative to gather assets, notify creditors and manage required filings.
Probate often lasts several months to more than a year, depending on the complexity of the estate, creditor claims and potential disputes. Associated expenses may include court fees, publication expenses and professional services.
While Nebraska offers both informal and formal probate options, each requires careful compliance with state procedures.
Revocable Living Trust Versus A Will
A will provides instructions for distributing property and naming guardians, but it must pass through probate before assets can be transferred. In contrast, a revocable living trust may avoid probate entirely, which can reduce delays and preserve privacy. Additionally, trust administration is typically faster and more streamlined than court‑supervised probate.
A will is generally less expensive to create, but a trust may offer long‑term savings by minimizing court involvement. Both documents play important roles in a solid estate plan and they are often used together for comprehensive planning.
When A Trust May Be Ideal
A trust can be especially useful for families with minor children, blended households, business interests or real estate in multiple states. It can also help individuals who want to protect beneficiaries from mismanaging inheritances or who prefer a private, efficient transfer of assets.
Common trust types include:
- Revocable trusts that allow ongoing control
- Irrevocable trusts that may offer tax or asset‑protection benefits
- Testamentary trusts created through a will
- Special needs trusts that preserve beneficiary eligibility for public benefits
- Charitable trusts that support philanthropic goals
Spousal lifetime access trusts (SLATs) and irrevocable life insurance trusts (ILITs) are two other trust options to consider.
Need to update your will or create a unique trust to direct your assets? No matter what your estate planning needs, the team at Croker Huck has the experience and the knowledge to ensure your peace of mind. We invite your call at 402-391-6777, or write us using this online form.
