Guidance in Estate Planning

Navigating the intricacies of estate planning and administration is made smoother with Smith Schafer Davis LLC. Reach out to us to explore how we can streamline these complex processes, ensuring your legacy is secured and bringing you peace of mind. Our team is well-versed in assisting with personalized estate plans, managing post-death estate and trust administration, resolving estate and trust disputes, aiding in charitable planning and nonprofit organization formation, and offering strategic business succession planning. Let us be your guide through every step, ensuring a comprehensive and thoughtful approach to your estate planning needs.

Estate Planning

At Smith Schafer Davis LLC, we focus on creating personalized estate plans. Working closely with our clients and their advisors, we ensure that each plan aligns with their unique objectives. Our services cover a range of needs, from asset protection and legacy planning to future healthcare preparations, providing thorough guidance at every stage.

Charitable Planning and Nonprofit Organizations

Our firm assists clients in realizing their charitable goals. We help in setting up charitable trusts and nonprofit corporations, providing ongoing legal support. Beyond establishment, we continue to advise these entities, focusing on maintaining their tax-exempt status and ensuring compliance with legal and operational requirements.

Business Succession Planning

We offer comprehensive succession planning services for owners of closely held businesses. Our team is dedicated to maintaining and enhancing the value of your business, designing strategies for smooth transitions to family members, management teams, or third parties. We also prepare for unforeseen events such as the untimely death or disability of an owner, ensuring the business's continuity and security.

Nebraska Inheritance Tax 

Nebraska is one of only a handful of states that imposes an inheritance tax on property passing at death. The rates and exemptions vary depending on the beneficiary's relationship to the decedent. Our attorneys help families understand and plan for Nebraska inheritance tax obligations, working to minimize the tax burden through strategic estate planning and proper structuring of transfers.

Estate planning and Tax strategy

Estate planning and tax strategy are closely connected. Our team addresses both the legal and tax implications of every estate plan. Learn more about our tax services.

Powers of Attorney (financial and healthcare)

Advance healthcare directives / living wills

Guardianship and conservatorship proceedings

Medicaid planning and long-term care asset protection strategies

Agricultural estate planning (special use valuation under IRC §2032A, installment payment of estate tax under §6166, GSTT planning for farm families)

Strategies for getting land out of corporations (a common issue for farm families with legacy C-corp structures; cross-reference to Tax and Real Estate pages)

Estate Planning Law – FAQs

  • 1. What does an estate planning attorney do?

    An estate planning attorney helps you decide — in advance — who receives your property, who makes decisions for you if you can't, and how to make those transitions as smooth and tax-efficient as possible for your family. That typically involves drafting wills, trusts, financial powers of attorney, and healthcare powers of attorney with living will provisions.

  • 2. Do I need a will or a trust in Nebraska?

    Most people benefit from both. A will directs your probate assets, names a personal representative, and names guardians for minor children. A revocable living trust avoids probate, provides for management if you become incapacitated, and keeps your affairs private. Trusts are particularly useful if you own real estate in more than one state, have a blended family, or want to provide structured distributions for a minor or special-needs beneficiary.

  • 3. When should I update my estate plan?

    Plan to revisit your plan every three to five years, and sooner after any major life event — marriage, divorce, the birth of a child or grandchild, the death of a beneficiary, a significant change in assets, or a move to or from Nebraska. Beneficiary designations on retirement accounts, life insurance, and POD/TOD accounts override your will, so review those at the same time.

  • 4. What happens if I don’t have an estate plan?

    Nebraska's intestate succession laws decide who inherits your property — and the result often surprises families. For example, if you are married with a child from a prior relationship, your spouse receives only half of your estate and your children split the other half. The court also decides who serves as personal representative and who is appointed guardian of your minor children. Your estate goes through probate, which is public and typically takes six to twelve months.

We’d love to hear from you! Call our team at (402) 223-5257.