Top Omaha, NE Estate Planning Lawyers Near You

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Estate Planning For the Future

Estate planning uses legal documents to make decisions about what will happen to your property and assets after death. Planning for the future can also involve designating certain representatives who can make financial decisions if you are incapacitated or unable to communicate. Without an estate plan, any real estate, bank accounts, and personal property will be distributed according to state law, even if it would have been against your wishes.

What Are Estate Planning Tools?

There are many estate planning tools that can offer different benefits for how to plan for the future while allowing you to use your assets in the present. Some common estate planning documents include:

• Will
• Living trust or revocable trust
• Irrevocable trust
• Special needs trust
• Living will or advance healthcare directive
• Power of attorney

Wills and Trusts

A will is the most common estate planning too. A will is simple to make and can be updated or changed. After you pass away, the court will go through the process of estate administration with your will in probate court, to pay off any liabilities and distribute your assets to your beneficiaries. Trusts can allow you to avoid probate court altogether by naming trustees to distribute your estate assets to your beneficiaries. Some trusts can also provide asset protection and offer proper estate planning benefits for your loved ones.

Living Wills and Healthcare Directives

A living will can allow you to make healthcare decisions while you are still alive if you are no longer able to communicate your wishes. Also known as an advance healthcare directive, if you become seriously ill or incapacitated, your living will can make specific provisions about your own medical treatment, including what type of procedures you do not want to receive. You can also use a durable power of attorney to designate a health care proxy to make long-term care healthcare decisions on your behalf. A Nebraska elder law attorney or estate attorney can give you more information about living wills.

How Much Does Estate Planning Cost in Omaha?

The cost of estate planning can depend on your individual circumstances. Some estate planning attorneys in Omaha will prepare documents like a will or power of attorney for a flat fee. Other legal services may be offered based on the attorney’s hourly fees. The costs of legal services can depend on the type of estate plan, amount of assets, and an attorney’s years of experience. In some cases, the lawyer can provide a free consultation to help you decide which estate planning law firm is right for you.

Do I Need an Estate Planning Lawyer?

Nebraska estate planning law and individual legal issues are unique. Getting help from an estate planning law firm can help, especially if you own substantial assets and want to plan for your family’s future. An estate lawyer can give you legal advice and guide you toward the best options to minimize your estate taxes, provide the most for your future beneficiaries, and give you peace of mind.

When Should I Start Estate Planning?

Many people put off making an estate plan because they don’t think they need to. It is never too early to make plans for what might happen if you become incapacitated or pass away. If you get married, have a child, or begin to accumulate significant assets, it is time to think about making plans to provide for your loved ones. An Omaha estate planning law office can provide an initial consultation to help you make a decision for your estate planning needs.

Best Time to Seek Legal Help

No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.

Top Questions to Ask a Lawyer

• What is the usual process to resolve my case? How long will it take to resolve this?
• What are likely outcomes of a case like mine? What should I expect?

An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.

How to Find the Right Attorney

• Determine the area of law that relates to your issue. Attorneys specialize in specific practice areas around legal issues within the broad field of law.
• Seek out recommendations from friends, family, and colleagues. A successful attorney or practice will typically have many satisfied clients.
• Set up consultation appointments to get a better understanding of your case as well as gauge your comfort level with different attorneys. Find the attorney who is the right fit for your needs.

Common legal terms explained

Plaintiff – a person or party who brings a lawsuit against another person(s) or party/parties in a court of law. Private persons or parties can only file suit in civil court.

Judgment – A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.