(Cum. 30-103.01 Interest of surviving spouse; determination prior to payment of federal or state estate taxes. Decedents' Estates; Protection of Persons and Property § 30-2482. Stat. featuring summaries of federal and state Print Friendly. 310, 693 N.W.2d 500 (2005). App. 130, Neb. Unicameral, 98th Leg., 1st Sess. Rev. 673 However, to the extent Margaret’s and Kenneth’s activities as general partners of the partnership relate to their fitness as cotrustees, the court erred in concluding that it lacked jurisdiction to consider any evidence pertaining to those allegations. § 30-3862. Nebraska Revised Statutes Chapter 30. (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. Neb.Rev.Stat. 16. (UTC 802) (a) A trustee shall administer the trust solely in the interests of the beneficiaries. Neb. as serious breaches under Neb. (b) Subject to the rights of persons dealing with or assisting the trustee as provided in section 30-38,101, « Prev. Stat. In re Trust of Rosenberg, 269 Neb. Next » A trustee may delegate functions as provided in section 30-3888. View Statute 30-2726; Chapter 30 Index; View Statute 30-2728 ; Chapter 30 30-2727. Revised Statutes; Chapter 30; 30-3861; Print Friendly. Cancel « Prev. View Statute 30-2727; Chapter 30 Index; View Statute 30-2729 ; Chapter 30 30-2728. Stat. App. Neb. (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. (UTC 817) Distribution upon termination. They invoked Neb. § 30-3860. Rev. 727, 775 N.W.2d 13 (2009). View Statute 30-101 Repealed. § 30-3801 et seq. Laws 1974, LB 354, § 316. § 30-3862(b). (UTC 1001) Remedies for breach of trust. View Print Friendly: View Statute 30-102 Repealed. (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. Download PDF. Revised Statutes; Chapter 30; 30-2728; Print Friendly. (UTC 817) (a) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. 310, 693 N.W.2d 500 (2005). Supp. Get free access to the complete judgment in Sellon v. Abbott (In re Abbott) on CaseMine. Stat. Nebraska Revised Statutes Chapters. Laws, L.B. Sherman v. Sherman, 16 Neb. 30-101 Repealed. (UTC 704) Vacancy in trusteeship; appointment of successor. 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. Back to Revised Statutes by Chapter. 30-104 Dower and curtesy, abolished. ____: ____. Chapter 30 30-3882. Rev. 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. Neb. Stat. According to the petition, there had been a substantial change in circumstances and the removal of the Bank as trustee was requested by all the qualified beneficiaries. § 30-3814 Laws 2003, LB 130, § 14. Nebraska may have more current or accurate information. In re Charles C. Wells Revocable Trust, 15 Neb. Stat. Revised Statutes Chapter 30 To browse the contents of this chapter, simply click on the section number you wish to view. Print Friendly. 2006 Nebraska Revised Statutes - § 30-3862 — (UTC 706) Removal of trustee. Twiss Attorneys for Appellant: Richard A. DeWitt and David J. Skalka § 30-3602. Cancel « Prev. Authority of financial institution. In re Trust of Rosenberg, 269 Neb. 766, 751 N.W.2d 168 (2008). violation. Print Friendly. (UTC 802) Duty of loyalty. The extent of the beneficiary’s interest in a trust depends upon the discretionary power that the settlor intended to grant the trustee. App. 624, 734 N.W.2d 323 (2007). 430 § 30-3862(b)(4) (Reissue 2016), a provision of the Uniform Trust Code. A serious breach of a fiduciary duty is only one of the grounds for removal of a trustee. The court has the authority to remove a trustee if the trustee has engaged in self-dealing. Laws 1974, LB 354, § 316. Nebraska Revised Statute 30-3861. Revised Statutes; Chapter 30; 30-3860; Print Friendly. Rev. Mack was removed as cotrustee. Neb. Nebraska Revised Statutes Chapter 30. Rev. 887, 782 N.W.2d 596 (2010). 2007) describes a trustee’s duty of loyalty: (UtC 802) (a) A trustee shall administer the trust solely in the interests of the beneficiaries. View Statute 30-2722; Chapter 30 Index; View Statute 30-2724 ; Chapter 30 30-2723. NEB. In re Trust of Rosenberg, 269 Neb. In re Estate of Fries, 279 Neb. Search Nebraska Revised Statutes. Nebraska Advance Sheets IN RE ESTATE OF STUCHLIK 683 Cite as 289 Neb. Payment on multiple-party account. In re Trust of Rosenberg, 269 Neb. Stat. Stat. Rev. 130), and expressly included jurisdiction over proceedings to remove a trustee. 310, 693 N.W.2d 500 (2005). Please check official sources. Stat. (UTC 705) Resignation of trustee. § 30-3812. In re Trust of Rosenberg, 269 Neb. (2003). The court has the authority to remove a trustee if the trustee has engaged in self-dealing. 6. View Statute 30-3860; Chapter 30 Index; View Statute 30-3862 ; Chapter 30 30-3861. 30-103 Repealed. (b) The court may remove a trustee if: Free Newsletters Download PDF. Nebraska Revised Statute 30-2727. Search by Keyword or Citation; Search by Keyword or Citation . Search Nebraska Revised Statutes . Subdivision (a)(1)(i) of this section does not include the word "document" or even require a writing evidencing a transfer. § 30-3801 et seq. Neb. Revised Statutes; Chapter 30; 30-2727; Print Friendly. Laws 1974, LB 354, § 316. Stat. 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. (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. Subscribe to Justia's In re Estate of Hedke, 278 Neb. Neb. Next » Read this complete Nebraska Revised Statutes Chapter 30. Chapter 30 - DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY, View Previous Versions of the Nebraska Revised Statutes. 14. 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. 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. § 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. Revised Statutes; Chapter 30; 30-2327; Print Friendly. View Statute 30-2326; Chapter 30 Index; View Statute 30-2328 ; Chapter 30 30-2327. (Cum. Stat. View Statute 30-3859; Chapter 30 Index; View Statute 30-3861 ; Chapter 30 30-3860. See § 30-2806(1). Rev. In re Charles C. Wells Revocable Trust, 15 Neb. Rev. Rev. Stat. Rev. Current with effective changes from the 2020 Legislative Session through 8/17/2020. 30-3862. 624, 734 N.W.2d 323 (2007). 30-102 Repealed. Stat. § 30-3862 (Reissue 2008). 310, 693 N.W.2d 500 (2005). 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. Prior to January 1, 2005, the operative date of the Nebraska Uniform Trust Code (NUTC), Neb. Delegation by trustee. Nebraska Revised Statute 30-2327. 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. § 30-3862(a) (Reissue 2016). Nebraska Revised Statutes Chapter 30. 766, 751 N.W.2d 168 (2008). Print Friendly. 2004), that jurisdiction was granted to courts pursuant to § 30-2806 (repealed by 2003 Neb. (c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under subsection (b) of section 30-3890 as may be necessary to protect the trust property or the interests of the beneficiaries. Stat. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Laws 2003, LB 130, § 62. Neb. See Neb. Rev. They invoked Neb. Print Friendly. 130), and expressly included jurisdiction over proceedings to remove a trustee. Laws 1974, LB 354, § 36, UPC § 2-202; Laws 1980, LB 694, § 4; Laws 1985, LB 293, § 1. . Revised Statutes; Chapter 30; 30-2723; Print Friendly. Nebraska Revised Statute 30-2723. REV. - 433 - Nebraska Supreme Court A dvance Sheets 303 Nebraska R eports IN RE TRUST CREATED BY FENSKE Cite as 303 Neb. (UTC 706) Removal of trustee. 430 § 30-3862(b)(4) (Reissue 2016), a provision of the Uniform Trust Code. (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. Stat. Search by Keyword or Citation; Search by Keyword or Citation. 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. 310, 693 N.W.2d 500 (2005). Search by Keyword or Citation; Search by Keyword or Citation. Cancel « Prev. Rev. The court has the authority to remove a trustee if the trustee has engaged in self-dealing. Nebraska Revised Statute 30-3860. Laws 1974, LB 354, § 316. § 30-3867 (Supp. 8. Sherman v. Sherman, 16 Neb. Current with effective changes from the 2020 Legislative Session through 8/17/2020. Rev. Disclaimer: These codes may not be the most recent version. Execution. STAT. Stat. 9. (b) The court may remove a trustee if: Neb. 15. Rev. Neb. § 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. (b) The court may remove a trustee if: See § 30-2806(1). App. 2016 Nebraska Revised Statutes Chapter 30 - DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY. Chapter 30 30-3867. Search Nebraska Revised Statutes. § 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 (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. Make your practice more effective and efficient with Casetext’s legal research suite. 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. Laws 1974, LB 354, § 316. App. Current with effective changes from the 2020 Legislative Session through 8/17/2020 Section 30-3882 - (UTC 817) Distribution upon termination (UTC 817) (a) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. 30-105 Repealed. 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. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. Generally, standing in a trustee removal proceeding is governed by Neb. Stat. - 433 - Nebraska supreme Court advaNCe sheets 303 Nebraska reports IN RE TRUST CREATED BY FENSKE Cite as 303 Neb. Supp. Rev. L.B. court opinions. Rights at death. Next » (a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. 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." Trusts: Intent. Prior to January 1, 2005, the operative date of the Nebraska Uniform Trust Code (NUTC), Neb. Sherman v. Sherman, 16 Neb. Laws 2003, LB 130, § 12. Id. 2004), that jurisdiction was granted to courts pursuant to § 30-2806 (repealed by 2003 Neb. Current with changes from the 2020 Legislative Session through 3/25/2020. 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. § 30-2314. Trusts. Nebraska Revised Statute 30-2728. 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