Why There Is No Single Answer
Estate planning costs vary considerably depending on what documents are needed, how complex the family and financial situation is, and the attorney's fee structure. A single person with modest assets and no real estate needs a different plan than a married couple with a blended family, real estate in two states, and a business interest. Quoting a single number without knowing the specifics would not be accurate or useful.
This page explains the factors that affect cost, describes what different planning approaches typically involve, and offers some context for thinking about the value of getting a plan in place. For specific fee information, the right step is to contact an attorney directly.
Grevengoed Law PLLC does not publish a fee schedule on this website. Fees are discussed during the initial consultation, after the attorney understands the client's situation and goals.
What Affects the Cost of an Estate Plan
The Documents Required
A basic estate plan for a single person typically includes a will, a durable power of attorney, and a medical power of attorney or advance directive. Adding a revocable living trust increases the scope of work because the trust document itself is more complex than a will, and because the trust must be funded by transferring assets into it.
A married couple's plan involves coordinating two sets of documents and addressing questions about joint assets, beneficiary designations, and what happens when the first spouse dies versus when the second spouse dies. These plans require more time and attention than a single person's plan.
Complexity of the Family Situation
Blended families, prior marriages, estranged relatives, and beneficiaries with special needs all add complexity. A plan that needs to protect a child's inheritance from a prior relationship, or that needs to provide for a beneficiary with a disability without disqualifying them from government benefits, requires more careful drafting than a straightforward plan.
Nature and Location of Assets
Real estate requires additional work, particularly if it is located in more than one state. Transferring real estate into a trust requires a deed to be drafted and recorded in each county where the property is located. Business interests, investment accounts, and retirement accounts each have their own considerations.
Attorney Fee Structure
Nebraska attorneys use different fee structures for estate planning. Some charge flat fees for defined packages of documents; others charge hourly rates. Flat fees provide cost certainty but may not account for unusual complexity. Hourly billing reflects actual time spent but can be harder to predict in advance. Either approach can be appropriate depending on the situation.
The Cost of Not Having a Plan
Dying without a will in Nebraska means the state's intestacy statutes determine who receives your assets. Nebraska Revised Statutes sections 30-2301 through 30-2321 set out the default distribution rules, which may not match what you would have chosen. A surviving spouse, children from a prior relationship, and other relatives may receive shares that do not reflect your intentions.
Dying without a plan also means your family may face a court-supervised probate proceeding with no guidance from you about who should serve as personal representative, how assets should be distributed, or who should care for minor children. A will addresses all of these questions.
For people who want to avoid probate, the cost of a revocable trust is often compared to the cost of probate itself. Nebraska probate involves court filing fees, publication costs, and attorney fees that vary with the size and complexity of the estate. For larger estates or estates with real estate, the cost of probate can exceed the cost of a trust-based plan. For smaller, simpler estates, the comparison may favor a will-based approach. An attorney can help you think through the trade-offs for your specific situation.
Online and DIY Options
Online document services offer low-cost wills and other estate planning documents. These services can produce technically valid documents in some circumstances, but they have significant limitations. They cannot give legal advice, they do not know your specific situation, and they cannot identify issues you have not thought to raise.
Common problems with DIY estate planning include wills that do not meet Nebraska's execution requirements, beneficiary designations that conflict with the will, trusts that are never properly funded, and powers of attorney that do not grant the authority actually needed. Fixing these problems after the fact, or after the person has died or become incapacitated, is often more expensive than getting the plan right in the first place.
For straightforward situations, a simple will prepared with attorney guidance is not prohibitively expensive and provides a level of assurance that a DIY document cannot. For more complex situations, the value of professional guidance is more significant.
Ready to Discuss Your Estate Plan?
Grevengoed Law PLLC offers flat-fee estate planning packages. Contact us to learn what a plan for your situation would involve.
Schedule a ConsultationUpdating an Existing Plan
Estate plans are not permanent. Major life changes, including marriage, divorce, the birth of children or grandchildren, the death of a named beneficiary or executor, significant changes in assets, and changes in the law, can all affect whether an existing plan still accomplishes its intended purpose.
Updating an existing plan is generally less expensive than creating one from scratch, but it still requires attorney time to review the existing documents, understand what has changed, and draft appropriate amendments or new documents. Periodic review, even when nothing has changed, is a reasonable practice to confirm that the plan remains current.
For a broader overview of what estate planning in Nebraska involves, including the documents that make up a complete plan, see our practice area page.
When to Contact an Attorney
Consider scheduling a consultation if:
- You do not have a current will, power of attorney, or advance directive
- Your existing plan was drafted more than five years ago or before a major life change
- You own real estate in Nebraska or Iowa
- You have minor children and have not named a guardian in a will
- You want to understand whether a revocable trust makes sense for your situation
Related resources:
Disclaimer: This page provides general legal information about probate and estate administration in Nebraska and Iowa. It does not constitute legal advice and does not create an attorney-client relationship. Laws change; consult a licensed attorney for guidance specific to your situation.
