Nebraska

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Under Nebraska law, a surviving spouse is entitled to take, as the spousal elective share the value of the elective share percentage of the augmented estate determined according to the following schedule:

Length of the Marriage

Elective Share of the Augmented Estate

Less than 1 year

Supplemental amount only.

1 year but less than 2 years

3%

2 years but less than 3 years

6%

3 years but less than 4 years

9%

4 years but less than 5 years

12%

5 years but less than 6 years

15%

6 years but less than 7 years

18%

7 years but less than 8 years

21%

8 years but less than 9 years

24%

9 years but less than 10 years

27%

10 years but less than 11 years

30%

11 years but less than 12 years

34%

12 years but less than 13 years

38%

13 years but less than 14 years

42%

14 years but less than 15 years

46%

15 years or more

50%

The surviving spouse must exercise this right of election within nine (9) months after the date of the decedent’s death, or within six (6) months after probate of the decedent’s will. R.R.S. Neb. § 30-2317.

Nebraska has codified additional protections for surviving spouses, including a determination of the surviving spouse’s interest prior to the payment of both federal and state estate taxes. R.R.S. Neb. § 30-103.01.

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