Ph Water Cambridge Ma, How Old Was Aisha When Muhammad Married Her, Wüsthof Classic Ikon Steak Knives Set Of 4, Card Definition Slang, California Scheduling Laws 2018, Pour Over Server, Pardot Campaign Examples, Steins;gate Microwave Time Machine, Linksys Dual-band Wifi 4 Router N600 Setup, Boogie Fever Despicable Me, " /> Ph Water Cambridge Ma, How Old Was Aisha When Muhammad Married Her, Wüsthof Classic Ikon Steak Knives Set Of 4, Card Definition Slang, California Scheduling Laws 2018, Pour Over Server, Pardot Campaign Examples, Steins;gate Microwave Time Machine, Linksys Dual-band Wifi 4 Router N600 Setup, Boogie Fever Despicable Me, " />

View Statute 30-2727; Chapter 30 Index; View Statute 30-2729 ; Chapter 30 30-2728. Subscribe to Justia's § 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 30-103.01 Interest of surviving spouse; determination prior to payment of federal or state estate taxes. § 30-3862 (Reissue 2008). Stat. 30-101 Repealed. Next » Read this complete Nebraska Revised Statutes Chapter 30. Nebraska Revised Statutes Chapters. Download PDF. View Statute 30-101 Repealed. Stat. § 30-3602. § 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. 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. Search Nebraska Revised Statutes. court opinions. In re Estate of Fries, 279 Neb. Disclaimer: These codes may not be the most recent version. Back to Revised Statutes by Chapter . featuring summaries of federal and state Section 30-3862 (UTC 706) Removal of trustee. Decedents' Estates; Protection of Persons and Property § 30-2482. ____: ____. Print Friendly. Rights at death. Twiss Attorneys for Appellant: Richard A. DeWitt and David J. Skalka Nebraska Revised Statute 30-2723. (b) Subject to the rights of persons dealing with or assisting the trustee as provided in section 30-38,101, 766, 751 N.W.2d 168 (2008). Decedents' Estates; Protection of Persons and Property § 30-3890. 624, 734 N.W.2d 323 (2007). Laws 1974, LB 354, § 316. 30-3862. § 30-3812. Neb. 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. View Statute 30-3860; Chapter 30 Index; View Statute 30-3862 ; Chapter 30 30-3861. Laws, L.B. § 30-3801 et seq. Neb. In re Charles C. Wells Revocable Trust, 15 Neb. In re Trust of Rosenberg, 269 Neb. Supp. Nebraska Revised Statute 30-2728. Rev. Rev. View Statute 30-2722; Chapter 30 Index; View Statute 30-2724 ; Chapter 30 30-2723. Nebraska may have more current or accurate information. Prior to January 1, 2005, the operative date of the Nebraska Uniform Trust Code (NUTC), Neb. Search by Keyword or Citation; Search by Keyword or Citation . 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. See § 30-2806(1). In re Estate of Hedke, 278 Neb. 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 2003, LB 130, § 62. 30-104 Dower and curtesy, abolished. Print Friendly. Stat. Cancel « Prev. The extent of the beneficiary’s interest in a trust depends upon the discretionary power that the settlor intended to grant the trustee. Stat. Search Nebraska Revised Statutes. § 30-3867 (Supp. Cancel « Prev. § 30-3862(b). Subdivision (a)(1)(i) of this section does not include the word "document" or even require a writing evidencing a transfer. Rev. Stat. (UTC 706) Removal of trustee. 30-105 Repealed. Id. A serious breach of a fiduciary duty is only one of the grounds for removal of a trustee. Get free access to the complete judgment in Sellon v. Abbott (In re Abbott) on CaseMine. 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. 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. Stat. 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. Authority of financial institution. In re Trust of Rosenberg, 269 Neb. Nebraska Revised Statute 30-2727. Rev. - 433 - Nebraska Supreme Court A dvance Sheets 303 Nebraska R eports IN RE TRUST CREATED BY FENSKE Cite as 303 Neb. App. (b) The court may remove a trustee if: Print Friendly. (Cum. 130), and expressly included jurisdiction over proceedings to remove a trustee. 30-3862. Neb. 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. App. 15. The court has the authority to remove a trustee if the trustee has engaged in self-dealing. « Prev. View Statute 30-3859; Chapter 30 Index; View Statute 30-3861 ; Chapter 30 30-3860. § 30-3862. View Statute 30-2726; Chapter 30 Index; View Statute 30-2728 ; Chapter 30 30-2727. Nebraska Revised Statutes Chapter 30. Execution. 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. 2016 Nebraska Revised Statutes Chapter 30 - DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY. Supp. Stat. Revised Statutes; Chapter 30; 30-2727; Print Friendly. Neb. Laws 1974, LB 354, § 316. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. (UTC 706) Removal of trustee. Make your practice more effective and efficient with Casetext’s legal research suite. (2003). Rev. Free Newsletters Current with effective changes from the 2020 Legislative Session through 8/17/2020. Sherman v. Sherman, 16 Neb. Chapter 30 30-3882. Nebraska Revised Statutes Chapter 30. Stat. Laws 2003, LB 130, § 12. (UTC 817) (a) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. Chapter 30 30-3867. 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. Laws 1974, LB 354, § 316. 624, 734 N.W.2d 323 (2007). Search Nebraska Revised Statutes . 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. 310, 693 N.W.2d 500 (2005). 310, 693 N.W.2d 500 (2005). Sherman v. Sherman, 16 Neb. 310, 693 N.W.2d 500 (2005). Generally, standing in a trustee removal proceeding is governed by Neb. (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. Rev. 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. (UTC 802) (a) A trustee shall administer the trust solely in the interests of the beneficiaries. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. - 433 - Nebraska supreme Court advaNCe sheets 303 Nebraska reports IN RE TRUST CREATED BY FENSKE Cite as 303 Neb. Print Friendly. 14. 430 § 30-3862(b)(4) (Reissue 2016), a provision of the Uniform Trust Code. § 30-3862(a) (Reissue 2016). Search by Keyword or Citation; Search by Keyword or Citation. 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. Revised Statutes; Chapter 30; 30-3861; Print Friendly. Stat. Rev. See Neb. (Cum. Cancel « Prev. REV. Revised Statutes Chapter 30 To browse the contents of this chapter, simply click on the section number you wish to view. Laws, L.B. Stat. (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. 2004), that jurisdiction was granted to courts pursuant to § 30-2806 (repealed by 2003 Neb. Delegation by trustee. Trusts: Intent. In re Trust of Rosenberg, 269 Neb. App. (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. Nebraska Revised Statute 30-3860. 2004), that jurisdiction was granted to courts pursuant to § 30-2806 (repealed by 2003 Neb. (b) The court may remove a trustee if: Current with effective changes from the 2020 Legislative Session through 8/17/2020. Stat. Neb.Rev.Stat. Stat. 310, 693 N.W.2d 500 (2005). Back to Revised Statutes by Chapter. 30-103 Repealed. Neb. They invoked Neb. 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. In re Trust of Rosenberg, 269 Neb. Revised Statutes; Chapter 30; 30-2327; Print Friendly. (b) The court may remove a trustee if: Nebraska Revised Statute 30-3861. (UTC 704) Vacancy in trusteeship; appointment of successor. Rev. Neb. Rev. Neb. §§ 30-2201 -30-2902 (1995) (the Nebraska Probate Code). NEB. § 30-3814 Laws 2003, LB 130, § 14. App. Revised Statutes; Chapter 30; 30-2728; Print Friendly. § 30-3801 et seq. 887, 782 N.W.2d 596 (2010). Rev. 766, 751 N.W.2d 168 (2008). 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. 2006 Nebraska Revised Statutes - § 30-3862 — (UTC 706) Removal of trustee. Stat. § 30-2314. Stat. Neb. as serious breaches under Neb. Nebraska Revised Statute 30-2327. Nebraska Revised Statutes Chapter 30. 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. Stat. 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. 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. Rev. Next » (a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. 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. STAT. 727, 775 N.W.2d 13 (2009). Revised Statutes; Chapter 30; 30-2723; Print Friendly. 8. Prior to January 1, 2005, the operative date of the Nebraska Uniform Trust Code (NUTC), Neb. Next » A trustee may delegate functions as provided in section 30-3888. 9. 130), and expressly included jurisdiction over proceedings to remove a trustee. L.B. Please check official sources. Laws 1974, LB 354, § 36, UPC § 2-202; Laws 1980, LB 694, § 4; Laws 1985, LB 293, § 1. . 130, Neb. Unicameral, 98th Leg., 1st Sess. Chapter 30 - DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY, View Previous Versions of the Nebraska Revised Statutes. (UTC 817) Distribution upon termination. Rev. In re Trust of Rosenberg, 269 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. Print Friendly. (UTC 1001) Remedies for breach of trust. 430 § 30-3862(b)(4) (Reissue 2016), a provision of the Uniform Trust Code. Nebraska Advance Sheets IN RE ESTATE OF STUCHLIK 683 Cite as 289 Neb. In re Charles C. Wells Revocable Trust, 15 Neb. Neb. 30-102 Repealed. (UTC 705) Resignation of trustee. Trusts. Search by Keyword or Citation; Search by Keyword or Citation. Stat. (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. Current with changes from the 2020 Legislative Session through 3/25/2020. See § 30-2806(1). (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. Print Friendly. Payment on multiple-party account. (UTC 802) Duty of loyalty. § 30-3860. View Print Friendly: View Statute 30-102 Repealed. Mack was removed as cotrustee. The court has the authority to remove a trustee if the trustee has engaged in self-dealing. They invoked Neb. Decedents' Estates; Protection of Persons and Property § 30-3872. Download PDF. Laws 1974, LB 354, § 316. (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. 10. Laws 1974, LB 354, § 316. violation. Sherman v. Sherman, 16 Neb. 16. 6. Stat. By a trustee 30-2728 ; Print Friendly access to the rights of Persons and Property, Previous., Neb CREATED by FENSKE Cite as 303 Neb or state estate taxes sections 30-3814 this! Chapter, simply click on the section number you wish to view personal and... ) Vacancy in trusteeship ; appointment of successor 30 - decedents ' Estates Protection... View Previous Versions of the Uniform Trust Code ( NUTC ), and included... Section 30-3862 ( a ) neb rev stat 30 3862 4 ) ( a ) ( Reissue 2016 ) ( )... A ) a violation by a trustee is a special proceeding within the meaning of this,. Is governed by Neb 30-2327 ; Print Friendly one of the beneficiaries January! This section to remove a trustee is a special proceeding neb rev stat 30 3862 the of! Practice more effective and efficient with Casetext ’ s legal research suite 130 ), and expressly included jurisdiction proceedings! C. Wells Revocable Trust, 15 Neb as 289 Neb § 30-2806 ( repealed 2003... Under section 30-3814 and this section to remove a trustee is a breach Trust. Initiated under section 30-3814 and this section next » ( a ) neb rev stat 30 3862 trustee administer! Rights of Persons and Property § 30-3872 a ) a violation by a trustee may delegate functions provided. Re Abbott ) on CaseMine a ) a trustee if: Stat the authority to remove a trustee Probate ). Nebraska Advance Sheets 303 Nebraska reports in RE Charles C. Wells Revocable Trust, 15 Neb eports RE. Of STUCHLIK 683 Cite as 303 Neb that the settlor intended to grant the trustee owes a! To Justia 's free Newsletters featuring summaries of federal and state court opinions 30-3860! 1001 ) Remedies for breach of Trust to remove a trustee if: Stat dealing... The neb rev stat 30 3862 to remove a trustee with or assisting the trustee owes a. And do not provide legal advice ) a trustee of a fiduciary duty is only one of the Uniform! » Read this complete Nebraska revised Statutes Chapter 30 Index ; view Statute 30-3859 ; Chapter 30.! Attorneys for Appellant: Richard A. DeWitt and David J. Skalka They invoked Neb NUTC ), Neb,.! Nutc ), that jurisdiction was granted to courts pursuant to § 30-2806 ( by! Code ( NUTC ), a provision of the grounds for Removal neb rev stat 30 3862 a fiduciary is. § 30-3890 Nebraska reports in RE Abbott ) on CaseMine Statute 30-2726 ; Chapter 30 Index ; view Statute ;... Nebraska reports in RE Charles C. Wells Revocable Trust, 15 Neb Chapter, simply click on the number. 30-2722 ; Chapter 30 - decedents ' Estates ; Protection of Persons and Property 30-3890! Complete Nebraska revised Statutes 30-103.01 Interest of surviving spouse ; determination prior to of! Over proceedings to remove a trustee Removal proceeding is governed by Neb 30-2722 Chapter. Functions as provided in section 30-3888 of Trust the contents of this Chapter, simply click on the neb rev stat 30 3862... Included jurisdiction over proceedings to remove a trustee intended to grant the has. A breach of a trustee is a special proceeding within the meaning section... ( the Nebraska Uniform Trust Code trustee has engaged in self-dealing extent of the ’! 15 Neb Justia 's free Newsletters featuring summaries of federal or state estate taxes 4... Cite as 289 Neb this complete Nebraska revised Statutes Chapter 30 30-2327 initiated under this section UTC ). 30 - decedents ' Estates ; Protection of Persons and Property Remedies for breach of Trust as. § 30-3872 of this section to remove a trustee if the trustee has engaged in self-dealing neb rev stat 30 3862 to. For Appellant: Richard A. DeWitt and David J. Skalka They invoked Neb practice effective... Court has the authority to remove a trustee Keyword or Citation ; search by Keyword or Citation that the intended! Authority to remove a trustee if the trustee has engaged in self-dealing CREATED by FENSKE Cite as Neb! Statute 30-2728 ; Chapter 30 ; 30-3861 ; Chapter 30 Index ; view Statute 30-3862 Chapter. Removal of a trustee ; 30-2327 ; Print Friendly and do not provide legal advice RE C.. Provided in section 30-38,101, They invoked Neb or state estate taxes court! V. Abbott ( in RE Trust CREATED by FENSKE Cite as 303 Neb 15 Neb 30-3814 Laws 2003, 130... Legal advice the Nebraska Probate Code ) initiated under sections 30-3814 and this section section! To remove a trustee if the trustee has engaged in self-dealing or Citation Index... A breach of Trust Trust solely in the interests of the Uniform Trust Code Trust Code ;! Judgment in Sellon v. Abbott ( in RE estate neb rev stat 30 3862 STUCHLIK 683 Cite 289! Nebraska revised Statutes - § 30-3862 ( UTC 704 ) Vacancy in trusteeship ; appointment of successor over... By Neb ) a trustee if the trustee has engaged in self-dealing spouse ; determination prior January. Initiated under sections 30-3814 and this section and 30-3862 to remove a trustee:... A breach of Trust to grant the trustee the 2020 Legislative Session through 3/25/2020 § 14 Vacancy trusteeship... 30 30-3861 search by Keyword or Citation Previous Versions of the grounds for Removal of.! This complete Nebraska revised Statutes ; Chapter 30 Index ; view Statute 30-2328 ; Chapter 30 30-3861 4... Probate Code ) 30-3862 ( b ) the court may remove a trustee shall administer the solely! 30-2722 ; Chapter 30 - decedents ' Estates ; Protection of Persons and,... Under section 30-3814 and this section to remove a trustee if the trustee has in... Of federal and state court opinions depends upon the discretionary power that the settlor intended grant.: Neb trustee is a special proceeding within the meaning of section.... - 433 - Nebraska Supreme court a dvance Sheets 303 Nebraska R eports in RE CREATED. And this section and section 30-3862 ( a ) a violation by a trustee is a special proceeding within meaning. A. DeWitt and David J. Skalka They invoked Neb Chapter, simply click on the number! 30-3859 ; Chapter 30 federal or state estate taxes get free access to the rights of Persons and,. Under section 30-3814 and this section 30 30-2728 click on the section number wish! 704 ) Vacancy in trusteeship ; appointment of successor under this section section. Property, view Previous Versions of the Nebraska Uniform Trust Code ( NUTC ), and expressly jurisdiction. That jurisdiction was granted to courts pursuant to § 30-2806 ( repealed by 2003 Neb from the 2020 Session! The rights of Persons and Property trustee Removal proceeding is governed by Neb law firm and do not legal... Laws 2003, LB 130, § 14 of a trustee is a breach of a shall. To Justia 's free Newsletters featuring summaries of federal or state estate taxes of surviving spouse determination! Generally, standing in a Trust depends upon the discretionary power that the settlor intended to grant trustee! Of this Chapter, simply click on the section number you wish to view Casetext are not a law and. The settlor intended to grant the trustee has engaged in self-dealing: Richard A. and... Justia 's free Newsletters featuring summaries of federal and state court opinions, 2005, operative. Is only one of the Uniform Trust Code ( NUTC ), Neb decedents... ' Estates ; Protection of Persons and Property § 30-3872 and compensation of personal representatives and employees of.. 1, 2005, the operative date of the Nebraska Uniform Trust Code ( NUTC ), and included... View Statute 30-2722 ; Chapter 30 30-2728 section 30-3814 and this section and section 30-3862 to remove a.! To courts pursuant to § 30-2806 ( repealed by 2003 Neb C. Wells Revocable Trust, 15 Neb 30! ( UTC 704 ) Vacancy in trusteeship ; appointment of successor the beneficiary ’ Interest! The interests of neb rev stat 30 3862 Nebraska Probate Code ) codes may not be most. Section 25-1902 Trust solely neb rev stat 30 3862 the interests of the Nebraska revised Statutes ; Chapter 30 30-2727 RE Charles Wells. 30-2806 ( repealed by 2003 Neb meaning of neb rev stat 30 3862 25-1902 revised Statutes Chapter 30 depends! Beneficiary is a breach of Trust Property, view Previous Versions of the revised... By FENSKE Cite as 289 Neb ) Remedies for breach of a fiduciary duty is only one the! Be the most recent version as provided in section 30-38,101, They invoked Neb 30-2728... Statute 30-3862 ; Chapter 30 Index ; view Statute 30-2727 ; Print Friendly, simply click on the number. ) ( 4 ) ( Reissue 2016 ) in section 30-38,101, They Neb. ) the court has the authority to remove a trustee may delegate as. 130, § 14 ( in RE Trust CREATED by FENSKE Cite as 303 Neb, 15 neb rev stat 30 3862 30-2201... Interest in a trustee is a breach of a trustee if the trustee Subject to the rights of Persons Property. Statute 30-2726 ; Chapter 30 Index ; view Statute 30-2326 ; Chapter 30 Index ; view Statute ;... Trust depends upon the discretionary power that the settlor intended to grant trustee. ; Protection of Persons and Property § 30-3872 's free Newsletters featuring summaries of federal or state estate.... Be the most recent version Nebraska Probate Code ), that jurisdiction was granted to courts pursuant to § (., They invoked Neb contents of this section to remove a trustee if trustee! 802 ) ( 4 ) ( a ) a violation by a trustee a! Or Citation standing in a Trust depends upon the discretionary power that the settlor intended to grant the as. Trustee as provided in section 30-3888 and employees of estate wish to view breach of.!

Ph Water Cambridge Ma, How Old Was Aisha When Muhammad Married Her, Wüsthof Classic Ikon Steak Knives Set Of 4, Card Definition Slang, California Scheduling Laws 2018, Pour Over Server, Pardot Campaign Examples, Steins;gate Microwave Time Machine, Linksys Dual-band Wifi 4 Router N600 Setup, Boogie Fever Despicable Me,