Wrongful Death Proceeds Distribution in Nebraska: Who Gets What?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Nebraska attorney for guidance specific to your situation.

Detailed Answer

When a wrongful death claim settles in Nebraska, the award enters the decedent’s estate and follows the distribution rules in the Nebraska Wrongful Death Act. Neb. Rev. Stat. § 30-8105 governs how proceeds go to the decedent’s heirs at law. Here’s a step-by-step breakdown:

1. Identify surviving close relatives. Under Neb. Rev. Stat. § 30-8105, start by listing the decedent’s surviving spouse, children, parents, siblings, grandparents, or next of kin in that order.
2. Determine distribution tiers.
   • If the decedent has a surviving spouse and lineal descendants (children, grandchildren):
   • The spouse receives the first $50,000 of the recovery.
   • The remainder is split: half to the spouse and half divided among the lineal descendants by representation (per stirpes). (Neb. Rev. Stat. § 30-8105(a))
   • If only a surviving spouse but no descendants: the spouse receives the entire recovery. (§ 30-8105(b))
   • If no spouse but surviving lineal descendants: the entire award is divided among descendants by representation. (§ 30-8105(c))
   • If no spouse or lineal descendants: proceeds pass to next heirs in order—parents, siblings, grandparents, and so on—according to Nebraska’s intestacy rules. (Neb. Rev. Stat. § 30-8106)
3. Allocate shares by representation. “By representation” means that if a child predeceased the decedent but left children, those grandchildren inherit their parent’s share equally.
4. Obtain court approval if needed. If heirs can’t agree on the split, file a petition in the county probate court to have a judge approve the distribution plan.
5. Disburse funds. Once distribution is set, issue checks or wire transfers to each heir’s estate or guardian if they are minors.

Helpful Hints

• Gather birth, marriage, and death certificates to verify relationships.
• Check Nebraska’s probate rules for filing wrongful death awards with the county court.
• Use a family tree chart to visualize per stirpes distributions.
• Consider appointing a neutral personal representative for complex estates.
• Keep clear records of all communications and transfers to heirs.