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(1995) (the Nebraska Probate Code). 30-3862. 2004), that jurisdiction was granted to courts pursuant to § 30-2806 (repealed by 2003 Neb.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 View Statute 30-101 Repealed.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 Stat. 30-101 Repealed. 310, 693 N.W.2d 500 (2005).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

Kelowna Homes For Sale By Owner, Justin Bariso Inc, Hotel In Spanish Masculine Or Feminine, Res Ipsa Loquitur Elements Philippines, Lidl Dark Brown Sugar Price, Virtual Kitty Party Games,