§ 30-2323 — Exempt property

Nebraska § 30-2323

• Jurisdiction: Nebraska
• Ch. 30: Decedents' Estates; Protection of Persons and Property

Text

(1) In
addition to the homestead allowance, the surviving spouse of a decedent who
was domiciled in this state is entitled from the estate to value not exceeding
five thousand dollars for a
decedent who dies before January 1, 2011, and twelve thousand five hundred dollars for a decedent who dies on or after January
1, 2011, in excess of any security interests therein in household
furniture, automobiles, furnishings, appliances, and personal effects. If
there is no surviving spouse, children of the decedent are entitled jointly
to the same value unless the decedent has provided in his or her will that
one or more of such children shall be disinherited, in which case only those
children not so disinherited shall be so entitled. For purposes of this section,
disinherited means providing in one's will that a child shall take nothing
or a nominal amount of ten dollars or less from the estate.
(2) If
encumbered chattels are selected and if the value in excess of security interests,
plus that of other exempt property, is less than the amount allowed under subsection (1) of this section, or
if there is not that amount worth
of exempt property in the estate, the spouse or children are entitled to other
assets of the estate, if any, to the extent necessary to make up the amount allowed under subsection (1) of
this section. Rights to exempt property and assets needed to make
up a deficiency of exempt property have priority over all claims against the
estate except for costs and expenses of administration, except for claims filed by the Department of Health and
Human Services pursuant to section 68-919 notwithstanding the order of payment
established in section 30-2487 , and except that the right to any
assets to make up a deficiency of exempt property shall abate as necessary
to permit prior payment of homestead allowance and family allowance.
(3) These
rights are in addition to any benefit or share passing to the surviving spouse
by the will of the decedent unless otherwise provided therein, by intestate
succession, or by way of elective share. These rights are in addition to any
benefit or share passing to the surviving children by intestate succession
and are in addition to any benefit or share passing by the will of the decedent
to those surviving children not disinherited unless otherwise provided in
the will.

Legislative History

Source: Laws 1974, LB 354, § 45, UPC § 2-402; Laws 1978, LB 650, § 5; Laws 1980, LB 981, § 2; Laws 1999, LB 318, § 1; Laws 2010, LB712, § 19. Annotations: This section creates a vested and indefeasible statutory right which may not be abrogated by will that accrues to the surviving spouse or the surviving children jointly if there is no surviving spouse upon the death of the testator. In re Estate of Peterson, 254 Neb. 334, 576 N.W.2d 767 (1998).