310, 693 N.W.2d 500 (2005). (UTC 802) Duty of loyalty. (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. STAT. Chapter 30 30-3882. Laws 1974, LB 354, § 316. Print Friendly. In re Charles C. Wells Revocable Trust, 15 Neb. Prior to January 1, 2005, the operative date of the Nebraska Uniform Trust Code (NUTC), Neb. Stat. Laws 1974, LB 354, § 316. The court has the authority to remove a trustee if the trustee has engaged in self-dealing. (b) Subject to the rights of persons dealing with or assisting the trustee as provided in section 30-38,101, Disclaimer: These codes may not be the most recent version. Neb. - 433 - Nebraska supreme Court advaNCe sheets 303 Nebraska reports IN RE TRUST CREATED BY FENSKE Cite as 303 Neb. featuring summaries of federal and state View Print Friendly: View Statute 30-102 Repealed. Back to Revised Statutes by Chapter . App. REV. In re Trust of Rosenberg, 269 Neb. Supp. Stat. Rev. Trusts: Intent. (UTC 802) (a) A trustee shall administer the trust solely in the interests of the beneficiaries. Search by Keyword or Citation; Search by Keyword or Citation. 30-103 Repealed. Free Newsletters Search Nebraska Revised Statutes . 130, Neb. Stat. Search Nebraska Revised Statutes. (Cum. 16. In re Trust of Rosenberg, 269 Neb. View Statute 30-3860; Chapter 30 Index; View Statute 30-3862 ; Chapter 30 30-3861. 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. NEB. Mack was removed as cotrustee. § 30-3860. Neb. Rev. Print Friendly. Cancel « Prev. Stat. L.B. 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. The extent of the beneficiary’s interest in a trust depends upon the discretionary power that the settlor intended to grant the trustee. Nebraska Revised Statute 30-3860. Download PDF. 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. § 30-3862(b). Nebraska Revised Statutes Chapter 30. App. Current with effective changes from the 2020 Legislative Session through 8/17/2020. Stat. § 30-3862(a) (Reissue 2016). Decedents' Estates; Protection of Persons and Property § 30-2482. Subdivision (a)(1)(i) of this section does not include the word "document" or even require a writing evidencing a transfer. Current with effective changes from the 2020 Legislative Session through 8/17/2020. In re Trust of Rosenberg, 269 Neb. Revised Statutes; Chapter 30; 30-2728; Print Friendly. In re Trust of Rosenberg, 269 Neb. Revised Statutes Chapter 30 To browse the contents of this chapter, simply click on the section number you wish to view. Revised Statutes; Chapter 30; 30-2327; Print Friendly. §§ 30-2201 -30-2902 (1995) (the Nebraska Probate Code). Stat. They invoked Neb. Get free access to the complete judgment in Sellon v. Abbott (In re Abbott) on CaseMine. 2007) describes a trustee’s duty of loyalty: (UtC 802) (a) A trustee shall administer the trust solely in the interests of the beneficiaries. 766, 751 N.W.2d 168 (2008). Laws 1974, LB 354, § 36, UPC § 2-202; Laws 1980, LB 694, § 4; Laws 1985, LB 293, § 1. . 887, 782 N.W.2d 596 (2010). 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 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." Rev. They invoked Neb. 9. Authority of financial institution. Print Friendly. Rev. 2004), that jurisdiction was granted to courts pursuant to § 30-2806 (repealed by 2003 Neb. The court has the authority to remove a trustee if the trustee has engaged in self-dealing. 30-103.01 Interest of surviving spouse; determination prior to payment of federal or state estate taxes. Search Nebraska Revised Statutes. 2004), that jurisdiction was granted to courts pursuant to § 30-2806 (repealed by 2003 Neb. 10. 430 § 30-3862(b)(4) (Reissue 2016), a provision of the Uniform Trust Code. Neb. « Prev. § 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. 30-102 Repealed. In re Charles C. Wells Revocable Trust, 15 Neb. Rev. (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. Laws, L.B. View Statute 30-2326; Chapter 30 Index; View Statute 30-2328 ; Chapter 30 30-2327. Stat. 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. App. Next » A trustee may delegate functions as provided in section 30-3888. Chapter 30 - DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY, View Previous Versions of the Nebraska Revised Statutes. Rev. Stat. Revised Statutes; Chapter 30; 30-2727; Print Friendly. violation. Revised Statutes; Chapter 30; 30-3861; Print Friendly. Stat. Neb. Sherman v. Sherman, 16 Neb. View Statute 30-2726; Chapter 30 Index; View Statute 30-2728 ; Chapter 30 30-2727. View Statute 30-2727; Chapter 30 Index; View Statute 30-2729 ; Chapter 30 30-2728. Print Friendly. See § 30-2806(1). View Statute 30-3859; Chapter 30 Index; View Statute 30-3861 ; Chapter 30 30-3860. 766, 751 N.W.2d 168 (2008). (UTC 1001) Remedies for breach of trust. Search by Keyword or Citation; Search by Keyword or Citation . Execution. Unicameral, 98th Leg., 1st Sess. (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. Generally, standing in a trustee removal proceeding is governed by Neb. § 30-3862. court opinions. 30-105 Repealed. (2003). (UTC 704) Vacancy in trusteeship; appointment of successor. Rights at death. Revised Statutes; Chapter 30; 30-3860; Print Friendly. Download PDF. 310, 693 N.W.2d 500 (2005). Rev. See § 30-2806(1). Trusts. Twiss Attorneys for Appellant: Richard A. DeWitt and David J. Skalka Sherman v. Sherman, 16 Neb. Laws 1974, LB 354, § 316. (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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. In re Estate of Fries, 279 Neb. Print Friendly. Stat. Nebraska Revised Statute 30-2727. 2006 Nebraska Revised Statutes - § 30-3862 — (UTC 706) Removal of trustee. Neb. 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