Legal Question in Wills and Trusts in Nebraska


My uncle recently passed away. I was the one who took care of him. He didn't leave a will but put everything he owned into my name... house, car, bonds, life insurances, IRA's, investments, check book & savings. Are these things mine now or are they going to go into probate? I was not his executor or have power of attorney. He did not believe in ''wills'' or any of that. I tried to get him to make out a will but he was stubborn.

Asked on 2/18/09, 2:07 pm

1 Answer from Attorneys

Michael McClellan Gast & McClellan

Re: Inheritance

Its not entirely clear what you mean when you say "put in my name" - it could mean a couple of different things.

But you should know that a person does not have to have a will to pass property at death. Property owned in joint tenancy in Nebraska passes to the surviving joint tenant or tenants by operation of law. Same is true with naming a death beneficiary on an insurance policy. There is no need for a will to pass the property at death.

However, there is an inheritance tax in Nebraska which will have to be determined in any case.

Therefore, you should consult a lawyer. But any property which was titled in your name or passed to you as a pay on death beneficiary does not require a will and would belong to you.

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Answered on 2/18/09, 4:03 pm

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