Proposed text sets estate shares and trust proof rules

The proposed text sets a $25,000 homestead allowance for an eligible spouse, or a divided allowance for minor and dependent children if there is no spouse. The allowance applies when the person who died was domiciled in Nebraska. If there is no surviving spouse, minor and dependent children share the allowance. The allowance is protected from estate claims except administration costs. The allowance is in addition to other inheritance unless the will says otherwise. The $25,000 amount applies to deaths on or after January 1, 2027.

The proposed text sets the surviving spouse's intestate share at the first $150,000 plus half the remaining estate in specified cases. These shares apply when a person dies without a will disposing of all their property and leaves a surviving spouse. The $150,000 amount applies if the person who died is survived by a parent but no children, or by children who are also the surviving spouse's children. If any surviving child is not also the surviving spouse's child, the spouse receives half the intestate estate. The text states no start date for these shares.

The proposed text requires specified written proof to establish a contract to create a trust or not to revoke one. The rule covers contracts to make a trust or not to revoke a trust. Proof must be trust or will terms stating the contract's material terms, a trust or will that refers to the contract plus other evidence of its terms, or a writing signed by the person who died. Creating a joint trust alone does not create a presumption that its makers agreed not to revoke it. The rule covers contracts made on or after January 1, 1977.

A trust certification may include information needed to establish a resident beneficiary's ownership of a home for a homestead tax exemption. The provision covers a trust beneficiary who lives in a home held in the trustee's name and meets one of the listed rights relating to the home. The trustee must hold record title, and the beneficiary must live in the home and have a stated right to occupy it, change or revoke the trust to obtain that right or title, or withdraw the home from the trust. The deed, trust document, contract, or certification must be on the public record by January 1 of the exemption year. If it is not, a copy must go with the application. The certification must be signed by all acting trustees and state that it remains accurate. Required documents must be on the public record by January 1 of the exemption year, or a copy must be attached to the exemption application.