On May 22, 2014, Brian L. Tiedeman of Lancaster county met with his lawyer on trust administration matters. Tiedeman wanted to change or make a new will. His lawyer told him to make another appointment on the will matter. As a stop-gap measure and in the presence of his lawyer, he wrote:
“5-22-14
I Brian L Tiedeman want all my
All Property to Dustin Lovorn
I here by attend to change my will.
[Signature]”
There was no other appointment with his lawyer and Tiedeman passed away on February 24, 2015.
Lovorn sought to probate the handwritten will. Both the district court and the Nebraska Supreme Court held the document was not a valid will and that the document indicated only an intent to create a new will at a future date.
Lessons:
- Don’t put off making a will.
- Hire a lawyer to draft your will. You don’t have to own four million dollars of real estate to make it worth your while to do it right.
In re Estate of Tiedeman, 25 Neb. App. 722 (April 10, 2018).
