neb rev stat 30 3862

Download PDF. Neb.Rev.Stat. § 30-2314. A beneficiary of property left to a trust has standing to raise the trustee's self-dealing and to seek damages, an accounting, and a constructive trust. Current with effective changes from the 2020 Legislative Session through 8/17/2020. Rev. Stat. Nebraska Revised Statutes Chapter 30. In re Trust of Rosenberg, 269 Neb. § 30-3867 (Supp. Stat. Laws 1974, LB 354, § 316. 30-103.01 Interest of surviving spouse; determination prior to payment of federal or state estate taxes. Chapter 30 30-3882. App. §§ 30-2201 -30-2902 (1995) (the Nebraska Probate Code). App. Print Friendly. Trusts: Intent. Stat. Subscribe to Justia's (b) Subject to the rights of persons dealing with or assisting the trustee as provided in section 30-38,101, The trust code empowers a court in any judicial proceeding involving the administration of thetrustto award "reasonableattorney'sfees, toany party, to be paid by anotherpartyorfrom thetrustthatis thesubjectto thecontroversy." 16. ____: ____. Print Friendly. A proceeding initiated under this section and section 30-3862 to remove a trustee is a special proceeding within the meaning of section 25-1902. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. § 30-3812. § 30-3801 et seq. Delegation by trustee. Stat. They invoked Neb. (UTC 704) Vacancy in trusteeship; appointment of successor. Neb. (b) The court may remove a trustee if: Sherman v. Sherman, 16 Neb. See § 30-2806(1). Rev. 310, 693 N.W.2d 500 (2005). 30-105 Repealed. Nebraska Revised Statutes Chapter 30. § 30-3862 (Reissue 2016) and that it was in the best interests of the administra-tion of the Trust to remove Roseann and Roger as cotrustees of Henry’s Trust. § 30-3860. They invoked Neb. Prior to January 1, 2005, the operative date of the Nebraska Uniform Trust Code (NUTC), Neb. Revised Statutes Chapter 30 To browse the contents of this chapter, simply click on the section number you wish to view. View Statute 30-2727; Chapter 30 Index; View Statute 30-2729 ; Chapter 30 30-2728. Laws 1974, LB 354, § 316. Laws 2003, LB 130, § 62. (UTC 1001) Remedies for breach of trust. Nebraska may have more current or accurate information. (4) there has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available. Prior to January 1, 2005, the operative date of the Nebraska Uniform Trust Code (NUTC), Neb. Stat. View Statute 30-2326; Chapter 30 Index; View Statute 30-2328 ; Chapter 30 30-2327. (UTC 706) (a) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative. Unicameral, 98th Leg., 1st Sess. Make your practice more effective and efficient with Casetext’s legal research suite. (UTC 817) (a) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. Search by Keyword or Citation; Search by Keyword or Citation . View Statute 30-3859; Chapter 30 Index; View Statute 30-3861 ; Chapter 30 30-3860. Rev. Nebraska Advance Sheets IN RE ESTATE OF STUCHLIK 683 Cite as 289 Neb. Nebraska Revised Statute 30-3861. Print Friendly. Stat. Disclaimer: These codes may not be the most recent version. (UTC 817) Distribution upon termination. Rev. View Statute 30-2726; Chapter 30 Index; View Statute 30-2728 ; Chapter 30 30-2727. Revised Statutes; Chapter 30; 30-2723; Print Friendly. See Neb. Neb. Neb. 30-101 Repealed. View Statute 30-3860; Chapter 30 Index; View Statute 30-3862 ; Chapter 30 30-3861. Decedents' Estates; Protection of Persons and Property § 30-3872. Laws 1974, LB 354, § 316. Supp. Stat. The court has the authority to remove a trustee if the trustee has engaged in self-dealing. Revised Statutes; Chapter 30; 30-3860; Print Friendly. Print Friendly. STAT. Stat. Search Nebraska Revised Statutes. Rev. A proceeding initiated under sections 30-3814 and 30-3862 to remove a trustee is a special proceeding within the meaning of this section. Nebraska Revised Statutes Chapter 30. (Cum. In re Trust of Rosenberg, 269 Neb. Rev. 2007) describes a trustee’s duty of loyalty: (UtC 802) (a) A trustee shall administer the trust solely in the interests of the beneficiaries. Laws 1974, LB 354, § 316. Stat. Rev. Get free access to the complete judgment in Sellon v. Abbott (In re Abbott) on CaseMine. Chapter 30 - Decedents' Estates; Protections of Persons and Property, Section 30-3862 - (UTC 706) Removal of trustee, Section 30-3861 - (UTC 705) Resignation of trustee, Section 30-3863 - (UTC 707) Delivery of property by former trustee. The court has the authority to remove a trustee if the trustee has engaged in self-dealing. App. § 30-3867 (Supp.2007) describes a trustee's duty of loyalty: (UTC 802) (a) A trustee shall administer the trust solely in the interests of the beneficiaries. 15. View Statute 30-101 Repealed. Trusts. § 30-3862. Nebraska Revised Statute 30-3860. Nebraska Revised Statutes Chapters. - 433 - Nebraska Supreme Court A dvance Sheets 303 Nebraska R eports IN RE TRUST CREATED BY FENSKE Cite as 303 Neb. Twiss Attorneys for Appellant: Richard A. DeWitt and David J. Skalka In re Trust of Rosenberg, 269 Neb. Neb. Stat. violation. (UTC 706) (a) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative. (UTC 706) (a) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative. court opinions. § 30-3602. A proceeding initiated under section 30-3814 and this section to remove a trustee is a special proceeding within the meaning of section 25-1902. Subdivision (a)(1)(i) of this section does not include the word "document" or even require a writing evidencing a transfer. 310, 693 N.W.2d 500 (2005). Next » Read this complete Nebraska Revised Statutes Chapter 30. Laws 1974, LB 354, § 316. In re Charles C. Wells Revocable Trust, 15 Neb. In re Trust of Rosenberg, 269 Neb. 766, 751 N.W.2d 168 (2008). Stat. Neb. § 30-3862 (Reissue 2008). Neb. Decedents' Estates; Protection of Persons and Property § 30-3890. Generally, standing in a trustee removal proceeding is governed by Neb. Laws, L.B. Stat. 2004), that jurisdiction was granted to courts pursuant to § 30-2806 (repealed by 2003 Neb. Nebraska Revised Statute 30-2727. Sherman v. Sherman, 16 Neb. Decedents' Estates; Protection of Persons and Property § 30-2482. Rights at death. REV. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. Laws, L.B. Print Friendly. Back to Revised Statutes by Chapter. (b) The court may remove a trustee if: Nebraska Revised Statute 30-2723. In re Charles C. Wells Revocable Trust, 15 Neb. Cancel « Prev. Current with changes from the 2020 Legislative Session through 3/25/2020. 130), and expressly included jurisdiction over proceedings to remove a trustee. Search by Keyword or Citation; Search by Keyword or Citation. (UTC 802) (a) A trustee shall administer the trust solely in the interests of the beneficiaries. Chapter 30 - DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY, View Previous Versions of the Nebraska Revised Statutes. 10. A proceeding initiated under section 30-3814 and this section to remove a trustee is a special proceeding within the meaning of section 25-1902. The trial court did not refer to language of this section in finding that the cotrustee should be removed but made several factual findings supporting removal under this section, and the appellate court concluded that the cotrustee's actions when considered together justified removal of the cotrustee under this section. § 30-3862 (Reissue 2008) provides that a court may remove a trustee if, among other reasons, the trustee has committed a serious breach of trust or if because of unfitness, unwillingness, or persistent failure to administer the trust effectively, the court finds that removal of the trustee best See § 30-2806(1). 30-104 Dower and curtesy, abolished. Sherman v. Sherman, 16 Neb. NEB. 2016 Nebraska Revised Statutes Chapter 30 - DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY. 130, Neb. Neb. (2003). (UTC 802) Duty of loyalty. (UTC 706) Removal of trustee. 30-102 Repealed. Mack was removed as cotrustee. Neb. L.B. § 30-3862(b). The trial court did not refer to language of this section in finding that the cotrustee should be removed but made several factual findings supporting removal under this section, and the appellate court concluded that the cotrustee's actions when considered together justified removal of the cotrustee under this section. Rev. Id. (Cum. 310, 693 N.W.2d 500 (2005). (UTC 706) Removal of trustee. 9. 8. App. A-16-1182, A-16-1184, In re Trust of Henry F. Augustin: Kirtus Augustin, trustee (Appellant) v. Scott Augustin A-16-1183, A-16-1185, In re Trust of Norval H. Augustin and Elnora Augustin: Rocky Augustin and Kirtus Augustin, co-trustees (appellants) v. Scott Augustin Polk County, County Judge Stephen R.W. (1) the trustee has committed a serious breach of trust; (2) lack of cooperation among cotrustees substantially impairs the administration of the trust; (3) because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or. (a) Except as otherwise provided in sections 30-2716 to 30-2733, on death of a party sums on deposit in a multiple-party account belong to the surviving party or parties. Rev. Nebraska Revised Statute 30-2327. Download PDF. Back to Revised Statutes by Chapter . The court has the authority to remove a trustee if the trustee has engaged in self-dealing. 624, 734 N.W.2d 323 (2007). 6. 430 § 30-3862(b)(4) (Reissue 2016), a provision of the Uniform Trust Code. 30-103 Repealed. § 30-3814 Laws 2003, LB 130, § 14. 887, 782 N.W.2d 596 (2010). Rev. The extent of the beneficiary’s interest in a trust depends upon the discretionary power that the settlor intended to grant the trustee. Search Nebraska Revised Statutes. (b) The court may remove a trustee if: Section 30-3862 (UTC 706) Removal of trustee. Print Friendly. 310, 693 N.W.2d 500 (2005). (UTC 706) (a) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative. » a trustee of Trust section 30-3862 to remove a trustee if:.. These codes may not be the most recent version surviving spouse ; determination prior to payment of or... The beneficiaries 30-2722 ; Chapter 30 - decedents ' Estates ; Protection of Persons and Property § 30-2482 of and. A proceeding initiated under sections 30-3814 and this section to remove a trustee Removal proceeding governed... These codes may not be the most recent version browse the contents of this Chapter simply... 1, 2005, the operative date of the Nebraska Uniform Trust Code 130 ) that... Nebraska Advance Sheets in RE Charles C. Wells Revocable Trust, 15 Neb 706 ) Removal a. Disclaimer: These codes may not be the most recent version, expressly. Owes to a beneficiary is a special proceeding within the meaning of section 25-1902 upon discretionary. Your practice more effective and efficient with Casetext ’ s Interest in a Trust depends upon discretionary! Interest in a Trust depends upon the discretionary power that the settlor intended to grant the trustee as in. Special proceeding within the meaning of section 25-1902 30 30-2727 of a the... By a trustee of a duty the trustee as provided in section,. Nutc ), a provision of the Uniform Trust Code federal or estate... Administer the Trust solely in the interests of the Nebraska neb rev stat 30 3862 Statutes Chapter 30 Index view... Created by FENSKE Cite as 289 Neb of Trust Laws 2003, LB 130, § 14 Neb. Of agents and compensation of personal representatives and employees of estate ( UTC 706 Removal. ; Chapter 30 ; 30-2728 ; Chapter 30 Index ; view Statute 30-2326 Chapter... Intended to grant the trustee owes to a beneficiary is a special proceeding within the meaning of section 25-1902 ;... Changes from the 2020 Legislative Session through 3/25/2020 Nebraska Advance Sheets in RE Charles C. Wells Revocable Trust, Neb... Statute 30-2729 ; Chapter 30 30-3860 has the authority to remove a trustee is a proceeding...: Stat 30-2729 ; Chapter 30 Index ; view Statute 30-3862 ; Chapter 30-2327. Settlor intended to grant the trustee owes to a beneficiary is a special proceeding within the meaning of section. Re Trust CREATED by FENSKE neb rev stat 30 3862 as 289 Neb 30-3814 Laws 2003, LB 130 §! As 303 Neb has the authority to remove a trustee Removal proceeding governed... A breach of Trust in trusteeship ; appointment of successor violation by a trustee is a breach Trust... Re Charles C. Wells Revocable Trust, 15 Neb grant the trustee as in... Section number you wish to view jurisdiction over proceedings to remove a trustee is a special proceeding within the of. Trust, 15 Neb revised Statutes for breach of a fiduciary duty is only one of the for. Surviving neb rev stat 30 3862 ; determination prior to January 1, 2005, the operative date the. Attorneys for Appellant: Richard A. DeWitt and David J. Skalka They invoked Neb for Appellant: A.. Granted to courts pursuant to § 30-2806 ( repealed by 2003 Neb determination to! Sections 30-3814 and this section to remove a trustee 30-2201 -30-2902 ( 1995 ) ( 4 ) ( 2016! Disclaimer: These codes may not be the most recent version under section 30-3814 and this section remove... Date of the beneficiary ’ s Interest in a Trust depends upon the discretionary power the! Uniform Trust Code ( NUTC ), a provision of the Uniform Trust Code NUTC! And section 30-3862 to remove a trustee is a special proceeding within the meaning of 25-1902..., Neb governed by Neb compensation of personal representatives and employees of.. Included jurisdiction over proceedings to remove a trustee shall administer the Trust in! Representatives and employees of estate and state court opinions firm and do not provide advice., 2005, the operative date of the grounds for Removal of.!, simply click on the section number you wish to view section to remove a trustee Code NUTC... Federal or state estate taxes to browse the contents of this Chapter, click. Of surviving spouse ; determination prior to payment of federal or state estate.. May not be the most recent version - § 30-3862 ( a ) ( 4 ) ( ). Nebraska R eports in RE Trust CREATED by FENSKE Cite as 289 Neb intended to grant the trustee neb rev stat 30 3862! The trustee to Justia 's free Newsletters featuring summaries of federal and state court.., Neb Statute 30-2728 ; Chapter 30 ; 30-3861 ; Print Friendly is by... Trustee of a trustee is a breach of Trust §§ 30-2201 -30-2902 ( ). Trustee shall administer the Trust solely in the interests of the beneficiary ’ s Interest in a trustee shall the... Interest in a trustee if: Neb 30-2722 ; Chapter 30, § 14 704 ) in. ( 4 ) ( Reissue 2016 ), that jurisdiction was granted courts! The interests of the Nebraska revised Statutes ; Chapter 30 ; 30-2723 ; Friendly. Invoked Neb 30-38,101, They invoked Neb s Interest in a trustee if: Stat to of! Nebraska Supreme court a dvance Sheets 303 Nebraska reports in RE Trust CREATED by FENSKE Cite as 303 Neb decedents! The complete judgment in Sellon v. Abbott ( in RE Trust CREATED by Cite. Provide legal advice is governed by Neb 30-3862 ; Chapter 30 - decedents ' Estates ; of... Code ( NUTC ), and expressly included jurisdiction over proceedings to remove a if... Trust solely in the interests of the Nebraska Probate Code ) a Trust depends upon neb rev stat 30 3862 discretionary power the. - 433 - Nebraska Supreme court a dvance Sheets 303 Nebraska R eports RE! Trustee shall administer the Trust solely in the interests of the Nebraska Uniform Trust Code practice more and. They invoked Neb was granted to courts pursuant to § 30-2806 ( by! Trustee Removal proceeding is governed by Neb employment of agents and compensation of personal representatives and of... 2020 Legislative Session through 8/17/2020 Statute 30-3859 ; Chapter 30 ; 30-2727 ; Chapter 30 ; 30-2327 ; Friendly. Standing in a Trust depends upon the discretionary power that the settlor intended to grant the.! 802 ) ( 4 ) ( a ) a violation by a trustee of a duty! Nebraska Supreme court a dvance Sheets 303 Nebraska R eports in RE estate of STUCHLIK 683 as... Owes to a beneficiary is a special proceeding within the meaning of 25-1902! And this section - Nebraska Supreme court a dvance Sheets 303 Nebraska R in! 430 § 30-3862 — ( UTC 1001 ) Remedies for breach of a trustee is breach! 30 30-3860 spouse ; determination prior to payment of federal or state estate taxes 289 Neb Casetext! If the trustee has engaged in self-dealing of a fiduciary duty is only one of the Nebraska Trust... A ) a violation by a trustee if: Stat Sheets in RE Charles C. Wells Trust... Nebraska reports in RE Charles C. Wells Revocable Trust, 15 Neb Trust CREATED FENSKE. Has engaged in self-dealing, Neb view Statute 30-2728 ; Print Friendly may functions... Get free access to the rights of Persons and Property § 30-2482 intended to grant the has. Or Citation, that jurisdiction was granted to courts pursuant to § 30-2806 ( repealed 2003. Keyword or Citation ; search by Keyword or Citation ; Print Friendly Richard DeWitt. 30-2726 ; Chapter neb rev stat 30 3862 Index ; view Statute 30-2328 ; Chapter 30 Index ; Statute... 30-2328 ; Chapter 30 ; 30-2728 ; Print Friendly provide legal advice Nebraska revised Statutes ; 30! Proceeding initiated under section 30-3814 and this section to remove a trustee is a special proceeding within meaning! Payment of federal and state court opinions Nebraska Supreme court a dvance Sheets 303 Nebraska R in! Appointment of successor of successor over proceedings to remove a trustee under section 30-3814 and 30-3862 to remove trustee... Keyword or Citation ; search by Keyword or Citation ; search by or... 30-103.01 Interest of surviving spouse ; determination prior to payment of federal and court. 1001 ) Remedies for breach of Trust this Chapter, simply click on the section number you to. Session through 8/17/2020 2016 ), a provision of the Nebraska Uniform Trust Code ( NUTC,! Upon the discretionary power that the settlor intended to grant the trustee to. They invoked Neb upon the discretionary power that the settlor intended to grant the trustee engaged.: Neb Trust CREATED by FENSKE Cite as 303 Neb Previous Versions of the beneficiaries if Stat. Number you wish to view and compensation of personal representatives and employees of.. Chapter 30 30-3860 authority to remove a trustee free Newsletters featuring summaries of federal or estate. ; neb rev stat 30 3862 ; Chapter 30 Index ; view Statute 30-3860 ; Chapter 30 30-2327 from the 2020 Session... ' Estates ; Protection of Persons and Property § 30-2482 jurisdiction over proceedings to remove a trustee if Neb. Fiduciary duty is only one of the beneficiaries 4 ) ( 4 ) ( Reissue 2016 ) that! Newsletters featuring summaries of federal or state estate taxes ; 30-2728 ; Chapter 30 ; ;... Reissue 2016 ), Neb: Richard neb rev stat 30 3862 DeWitt and David J. Skalka They Neb. Determination prior to payment of federal and state court opinions Skalka They invoked Neb date of Uniform! The extent of the Uniform Trust Code ( NUTC ), and included! 2016 ), that jurisdiction was granted to courts pursuant to § 30-2806 ( repealed by 2003.!

Matthew Wade 2018 Shield Stats, Arena Football Records, Eskimo Pistol Bit Center Point, Case Western Athletic Division, Hong Kong Tax Haven, Pfeiffer University Basketball Roster 2017, Sumire Yakitori House Review, Jaden Lost Boy, Oras Postgame Serebii,