State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter30 > 30-2323

30-2323. Exempt property.(1) Inaddition to the homestead allowance, the surviving spouse of a decedent whowas domiciled in this state is entitled from the estate to value not exceedingfive thousand dollars for adecedent who dies before January 1, 2011, and twelve thousand five hundred dollars for a decedent who dies on or after January1, 2011, in excess of any security interests therein in householdfurniture, automobiles, furnishings, appliances, and personal effects. Ifthere is no surviving spouse, children of the decedent are entitled jointlyto the same value unless the decedent has provided in his or her will thatone or more of such children shall be disinherited, in which case only thosechildren not so disinherited shall be so entitled. For purposes of this section,disinherited means providing in one's will that a child shall take nothingor a nominal amount of ten dollars or less from the estate.(2) Ifencumbered 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, orif there is not that amount worthof exempt property in the estate, the spouse or children are entitled to otherassets of the estate, if any, to the extent necessary to make up the amount allowed under subsection (1) ofthis section. Rights to exempt property and assets needed to makeup a deficiency of exempt property have priority over all claims against theestate except for costs and expenses of administration, except for claims filed by the Department of Health andHuman Services pursuant to section 68-919 notwithstanding the order of paymentestablished in section 30-2487, and except that the right to anyassets to make up a deficiency of exempt property shall abate as necessaryto permit prior payment of homestead allowance and family allowance.(3) Theserights are in addition to any benefit or share passing to the surviving spouseby the will of the decedent unless otherwise provided therein, by intestatesuccession, or by way of elective share. These rights are in addition to anybenefit or share passing to the surviving children by intestate successionand are in addition to any benefit or share passing by the will of the decedentto those surviving children not disinherited unless otherwise provided inthe will. SourceLaws 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.Operative Date: July 15, 2010AnnotationsThis 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).