Nebraska Wills

Nebraska Legal Documents

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A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death. For the devolution of property not disposed of by will, see inheritance and intestacy.

In the strictest sense, a “will” has historically been limited to real property while “testament” applies only to dispositions of personal property (thus giving rise to the popular title of the document as “Last Will and Testament”), though this distinction is seldom observed today. A will may also create a testamentary trust that is effective only after the death of the testator.

Any person over the age of majority and of sound mind (having appropriate mental capacity) can draft his or her own will with or without the aid of a lawyer. Additional requirements may vary, depending on the jurisdiction, but generally include the following requirements:

The testator must clearly identify himself or herself as the maker of the will, and that a will is being made; this is commonly called “publication” of the will, and is typically satisfied by the words “last will and testament” on the face of the document.

The testator should declare that he or she revokes all previous wills and codicils. Otherwise, a subsequent will revokes earlier wills and codicils only to the extent to which they are inconsistent. However, if a subsequent will is completely inconsistent with an earlier one, the earlier will is considered completely revoked by implication.

The testator may demonstrate that he or she has the capacity to dispose of his or her property (“sound mind”), and does so freely and willingly.

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The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries). There may be extra witnesses, these are called “supernumerary” witnesses, if there is a question as to an interested-party conflict. Some jurisdictions, notably Pennsylvania, have long abolished any requirement for witnesses. In the United States, Louisiana requires both attestation by two witnesses as well as notarization by a notary public. “Holographic” or handwritten wills generally require no witnesses to be valid.

If witnesses are designated to receive property under the will they are witnesses to, this has the effect, in many jurisdictions, of either (i) disallowing them to receive under the will, or (ii) invalidating their status as a witness. In a growing number of states in the United States, however, an interested party is only an improper witness as to the clauses that benefit him or her (for instance, in Illinois).

The testator’s signature must be placed at the end of the will. If this is not observed, any text following the signature will be ignored, or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the testator’s intentions.

One or more beneficiaries (devisees, legatees) must generally be clearly stated in the text, but some jurisdictions allow a valid will that merely revokes a previous will, revokes a disposition in a previous will, or names an executor.

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Nebraska Legal Documents

French fur traders first visited Nebraska in the late 1600s. Part of the Louisiana Purchase in 1803, eastern Nebraska was explored by Lewis and Clark in 1804–1806. A few years later, Robert Stuart pioneered the Oregon Trail across Nebraska in 1812–1813, and the first permanent white settlement was established at Bellevue in 1823.

Western Nebraska was acquired by treaty following the Mexican War in 1848. The Union Pacific began its transcontinental railroad at Omaha in 1865. In 1937, Nebraska became the only state in the Union to have a unicameral (one-house) legislature. Members are elected to it without party designation.

Nebraska is a leading grain-producer with bumper crops of sorghum, corn, and wheat. More varieties of grass, valuable for forage, grow in this state than in any other in the nation. The state’s sizable cattle and hog industries make Dakota City and Lexington among the nation’s largest meat-packing centers.

Manufacturing has become diversified: Firms making electronic components, auto accessories, pharmaceuticals, and mobile homes have joined such older industries as clothing, farm machinery, chemicals, and transportation equipment. Oil was discovered in 1939 and natural gas in 1949.

Among the principal attractions are Agate Fossil Beds, Homestead, and Scotts Bluff National Monuments; Chimney Rock National Historic Site; a recreated pioneer village at Minden; SAC Museum near Ashland; the Stuhr Museum of the Prairie Pioneer Grand Island; Boys Town; the Sheldon Memorial Art Gallery and the Lied Center for the Performing Arts at the University of Nebraska in Lincoln; the State Capitol in Lincoln; the Joslyn Art Museum in Omaha; the Henry Doorly Zoo in Omaha; Museum of Nebraska Art in Kearney; Museum of Nebraska History in Lincoln; and the University of Nebraska State Museum in Lincoln.

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