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the word "document" or even require a writing evidencing a transfer. 887, 782 N.W.2d 596 (2010). 30-3862. 30-101 Repealed.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." 2004), that jurisdiction was granted to courts pursuant to § 30-2806 (repealed by 2003 Neb.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