What rights do my heirs have to my estate?

In Nebraska, family members have certain rights to an estate in the event of death. These rights depart from the will of the deceased and are known as “forced shares” or “rights of forced heirs”. These rights are given to descendants of the deceased, such as children, grandchildren, or even great-grandchildren, who may not have been included in the will. For example, if the deceased left a will stipulating all of his or her assets to go to their spouse, the heirs of the deceased still have a right to a portion of the estate. In Nebraska, the amount each heir is entitled to is determined based on the relationship of each heir to the deceased. If there are no descendants, then the spouse is entitled to all of the assets. Aside from forced shares, if a will is not in place, Nebraska has laws of “intestacy” which dictate how the estate will be divided. Generally, the spouse of the deceased will be given the majority of the estate, while parents, siblings, and other extended family members will receive smaller portions. Overall, there is a hierarchy of rights when it comes to an estate in Nebraska. This is known as the “law of descent” and it dictates how the estate should be divided upon death. As such, it is important to understand these rights and laws before drafting a will so that the deceased’s wishes are followed appropriately.

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What rights do my heirs have to my estate?

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