Complex Will with Trust - Nebraska

LAST WILL AND TESTAMENT OF [TESTATOR FULL LEGAL NAME]

NEBRASKA EXECUTION NOTICE

Neb. Rev. Stat. § 30-2327 requires a written will signed by the Testator, or in the Testator's name by another individual in the Testator's presence and at the Testator's direction, and signed by at least two individuals who each witnessed the signing or the Testator's acknowledgment of the signature or Will. The self-proving ceremony below follows Neb. Rev. Stat. § 30-2329. Complete all dispositive blanks before signing.

TABLE OF CONTENTS

1. Document Header & Recitals
2. Definitions
3. Revocation of Prior Instruments
4. Appointment of Personal Representative
5. Payment of Debts, Expenses & Taxes
6. Specific Bequests & Devises
7. Residuary Clause & Creation of Testamentary Trust
8. Testamentary Trust — Administration & Distribution
9. Fiduciary Provisions
10. Guardianship of Minor Children
11. No-Contest Clause
12. Governing Law, Forum & Miscellaneous
13. Execution, Attestation & Self-Proving Affidavit

1. DOCUMENT HEADER & RECITALS

1.1 Identification. I, [TESTATOR FULL LEGAL NAME], presently residing at [TESTATOR ADDRESS], being of lawful age and of sound mind, hereby declare this instrument to be my Last Will and Testament (“Will”).

1.2 Family Status.
(a) Spouse: [SPOUSE NAME or “None”]
(b) Children: [CHILDREN NAMES or “None”]
(c) Other Dependents: [DEPENDENT NAMES or “None”]

1.3 Intent. This Will disposes of all property over which I have testamentary power at my death, establishes one or more testamentary trusts, and makes all other directions herein.

2. DEFINITIONS

Unless the context clearly indicates otherwise, the following terms have the meanings set forth below:

“Code” – The Internal Revenue Code of 1986, as amended.
“Descendants” – [INSERT THE TESTATOR'S INTENDED DEFINITION, INCLUDING TREATMENT OF ADOPTION, ASSISTED REPRODUCTION, NONMARITAL CHILDREN, STEPCHILDREN, AND POSTHUMOUS DESCENDANTS].
“By Representation” – [INSERT THE TESTATOR'S INTENDED METHOD OF DIVISION].
“Estate” – The probate estate of the Testator.
“Personal Representative” – The person qualifying under Article 4.
“Trust” – The testamentary trust(s) established under Article 8.
“Trustee” – The trustee(s) appointed under Article 8.

3. REVOCATION OF PRIOR INSTRUMENTS

3.1 Revocation. I revoke all prior wills and codicils. This express revocation is intended to operate under Neb. Rev. Stat. § 30-2332. This Will does not itself change beneficiary designations, survivorship ownership, transfer-on-death registrations, or other nonprobate arrangements.

4. APPOINTMENT OF PERSONAL REPRESENTATIVE

4.1 Designation. I nominate [PRIMARY PR NAME] as Personal Representative. If that person is unable or unwilling to serve, I nominate [SUCCESSOR PR NAME].

4.2 Bond. I expressly request that no bond be required of any Personal Representative nominated in this Will, subject to the court's authority under Neb. Rev. Stat. § 30-2446.

4.3 Duties and Powers. My Personal Representative shall settle and distribute the Estate in accordance with this Will and Nebraska law, consistent with Neb. Rev. Stat. § 30-2464. Except as restricted by this Will or a court order, the Personal Representative may exercise the general authority in § 30-2472 and the transactions authorized by § 30-2476, acting reasonably for the benefit of interested persons.

5. PAYMENT OF DEBTS, EXPENSES & TAXES

5.1 Obligations. My Personal Representative shall pay enforceable administration expenses, taxes, and claims in the order and manner required by applicable law.

5.2 Tax Allocation. Estate, inheritance, generation-skipping, and other transfer taxes shall be allocated as follows:

[INSERT A NEBRASKA-COUNSEL-REVIEWED TAX APPORTIONMENT DIRECTION OR “APPORTION AS PROVIDED BY APPLICABLE LAW”]

6. SPECIFIC BEQUESTS & DEVISES

6.1 Tangible Personal Property. I may leave a separate written statement or list under Neb. Rev. Stat. § 30-2338 disposing of tangible personal property not otherwise specifically disposed of by this Will. The writing must be in my handwriting or signed by me, identify its date or permit the date to be determined as the statute allows, and describe the items and recipients with reasonable certainty. It may not dispose of money, evidences of indebtedness, documents of title, securities, or property used in a trade or business. Property not effectively disposed of by such a writing passes [TO NAME / UNDER THE RESIDUARY CLAUSE].

6.2 Cash Bequests.
(a) [BENEFICIARY NAME] – $[AMOUNT].
(b) [BENEFICIARY NAME] – $[AMOUNT].

6.3 Real Property. I devise my real property located at [LEGAL DESCRIPTION OR ADDRESS] to [BENEFICIARY NAME], subject to any encumbrances of record.

7. RESIDUARY CLAUSE & CREATION OF TESTAMENTARY TRUST

7.1 Transfer to Trust. I give all the rest, residue, and remainder of my probate Estate to the Trustee of the testamentary trust created in Article 8, to be held, administered, and distributed under this Will. Neb. Rev. Stat. § 30-3827 permits a trust to be created by will, and Article 8 is intended to satisfy the requirements of § 30-3828.

8. TESTAMENTARY TRUST — ADMINISTRATION & DISTRIBUTION

8.1 Name & Funding. This trust shall be known as the [FAMILY TRUST NAME], and shall be funded with property passing under Article 7, any non-probate assets payable to the Trustee, and any additional property the Trustee accepts.

8.2 Trustee Designation.
(a) Primary Trustee: [PRIMARY TRUSTEE NAME].
(b) Successor Trustee(s): [SUCCESSOR TRUSTEE NAME(S)] in the order listed.

8.3 Beneficiaries.
(a) Income Beneficiaries: [BENEFICIARY CLASS].
(b) Remainder Beneficiaries: [BENEFICIARY CLASS].

8.4 Distributions.
(a) Mandatory Distributions. The Trustee shall distribute net income [ANNUALLY / QUARTERLY / OTHER] to or for the benefit of the Income Beneficiaries.
(b) Discretionary Principal. The Trustee may distribute principal for beneficiaries’ health, education, maintenance, or support (“HEMS standard”).
(c) Staggered Termination. Upon the youngest Beneficiary attaining age [AGE], the Trust shall terminate and the remaining principal shall be distributed outright to the Remainder Beneficiaries [EQUALLY / BY REPRESENTATION / OTHER].

8.5 Spendthrift. Each Beneficiary's interest is held subject to a spendthrift trust. A Beneficiary may not transfer the interest in violation of this provision, and, except as Nebraska law otherwise provides, a creditor or assignee may not reach the interest or a distribution before the Beneficiary receives it. This provision is intended to invoke Neb. Rev. Stat. § 30-3847.

8.6 Trust Administration; Prudent Investor. The Trustee shall administer the Trust in good faith under Neb. Rev. Stat. § 30-3866, solely in the Beneficiaries' interests under § 30-3867, impartially where there are multiple Beneficiaries under § 30-3868, and with reasonable care, skill, and caution under § 30-3869. The Trustee shall invest and manage trust assets under the prudent investor rule in §§ 30-3883 through 30-3889.

8.7 Trustee Powers. Subject to fiduciary duties and this Will, the Trustee may exercise without court authorization the general powers in Neb. Rev. Stat. § 30-3880 and the specific powers in § 30-3881, including powers to acquire or sell property, borrow and pledge trust property, insure trust property, settle claims, employ professionals, make tax elections, make appropriate distributions for a Beneficiary under a legal disability, and distribute property in cash or in kind.

8.8 Information and Reports. The Trustee shall keep Beneficiaries reasonably informed and provide the notices, information, and reports required by Neb. Rev. Stat. § 30-3878, including the reports required at least annually and at termination.

9. FIDUCIARY PROVISIONS

9.1 Trustee Bond. I do not require the Trustee to furnish bond. A court retains the authority stated in Neb. Rev. Stat. § 30-3858 to require bond when needed to protect Beneficiaries or to dispense with a bond required by the Trust.

9.2 Liability and Exculpation. No provision of this Will relieves a Trustee from liability for a breach of trust committed in bad faith or with reckless indifference to the Trust's purposes or the Beneficiaries' interests. Any exculpatory term is limited by Neb. Rev. Stat. § 30-3897. This Will does not impose a blanket liability cap based on the value of Estate or Trust assets.

9.3 Remedies. A court may grant the remedies authorized by Neb. Rev. Stat. § 30-3890 for a breach of trust, including compelling performance or an accounting, enjoining a breach, ordering restoration, suspending or removing a Trustee, reducing compensation, or granting other appropriate relief.

10. GUARDIANSHIP OF MINOR CHILDREN

10.1 Nomination. If a guardian is needed for an unmarried minor child of mine, I nominate [PRIMARY GUARDIAN NAME]. If that person does not serve, I nominate [ALTERNATE GUARDIAN NAME]. This nomination is made under Neb. Rev. Stat. § 30-2606 and becomes effective only as that section provides; the court retains authority over the appointment.

10.2 Property Management. Property passing under this Will for a minor shall be administered under the applicable Trust share unless this Will expressly directs otherwise. The guardian nomination does not itself appoint a conservator or transfer Estate property.

11. NO-CONTEST CLAUSE

11.1 Penalty for Contest. If a Beneficiary contests this Will or a Trust created by it, or institutes another proceeding relating to the Estate or Trust, the Beneficiary's interest shall pass as if the Beneficiary had predeceased me. This clause is unenforceable when probable cause exists for the proceeding under Neb. Rev. Stat. § 30-24,103 or § 30-3827.02.

12. GOVERNING LAW, FORUM & MISCELLANEOUS

12.1 Governing Law. This Will and any trust arising hereunder shall be governed by, and construed in accordance with, the laws of the State of Nebraska.

12.2 Court Jurisdiction. Nebraska county courts have exclusive original jurisdiction over decedents' estates and concurrent original jurisdiction with district courts over matters arising under the Nebraska Uniform Trust Code, as provided in Neb. Rev. Stat. § 24-517. Venue and any transfer of a particular proceeding remain governed by applicable law.

12.3 Severability. If a provision is unenforceable, the remaining provisions shall continue to the extent permitted by law.

12.4 Headings. Headings are for convenience only and do not affect interpretation.

12.5 Gender and Number. Words of any gender include all genders; words in the singular include the plural and vice versa when the context permits.

13. EXECUTION, ATTESTATION & SELF-PROVING AFFIDAVIT

13.1 Signature of Testator

I, [TESTATOR FULL LEGAL NAME], sign my name to this Will and declare that it is my Last Will, that I sign it willingly as my free and voluntary act, that I am eighteen years of age or older or am not a minor, that I am of sound mind, and that I am under no constraint or undue influence.

Date: [__/__/____]

___________________________________
[TESTATOR FULL LEGAL NAME], Testator

13.2 Attestation of Witnesses

We, the undersigned witnesses, sign this Will after witnessing the Testator sign it or acknowledge the signature or Will. Each of us signs in the Testator's presence and hearing.

13.3 Self-Proving Affidavit

STATE OF [STATE]
COUNTY OF [COUNTY], ss.

I, [TESTATOR], being first duly sworn, declare to the undersigned authority that I signed and executed this instrument as my Last Will; that I signed it willingly as my free and voluntary act for the purposes expressed; that I am eighteen years of age or older or am not a minor; and that I am of sound mind and under no constraint or undue influence.

________________________________________
[TESTATOR], Testator

We, [WITNESS 1] and [WITNESS 2], being first duly sworn, declare to the undersigned authority that the Testator signed and executed this instrument as the Testator's Last Will, or willingly directed another to sign for the Testator; that the Testator executed it as a free and voluntary act for the purposes expressed; that each of us, in the presence and hearing of the Testator, signs this Will as witness to the Testator's signing; and that to the best of our knowledge the Testator is eighteen years of age or older or is not a minor, is of sound mind, and is under no constraint or undue influence.

________________________________________
[WITNESS 1], Witness

________________________________________
[WITNESS 2], Witness

Subscribed, sworn to, and acknowledged before me by [TESTATOR], the Testator, and subscribed and sworn to before me by [WITNESS 1] and [WITNESS 2], the witnesses, on [__/__/____].

________________________________________
[NOTARIAL OFFICER]
Official capacity: [CAPACITY]
My commission expires: [DATE]
[SEAL]

ATTORNEY REVIEW CHECKLIST

☐ Confirm the Testator's family structure and the definitions of Descendants and By Representation.

☐ Coordinate this Will with beneficiary designations, survivorship property, transfer-on-death arrangements, and any existing trust.

☐ Review surviving-spouse rights, omitted-family protections, and the selected survival periods.

☐ Insert a tax-apportionment direction suited to the Testator's assets and tax objectives.

☐ Confirm every specific gift, contingent gift, trust share, distribution standard, age, and remainder beneficiary.

☐ Confirm fiduciary eligibility, succession, compensation, conflicts, and bond directions.

☐ Complete the Neb. Rev. Stat. §§ 30-2327 and 30-2329 signing ceremony without later dispositive insertions.

SOURCES AND REFERENCES

• Nebraska Legislature, Nebraska Revised Statutes, Chapter 30
• Nebraska Legislature, Neb. Rev. Stat. § 24-517