neb rev stat 30 3862

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 Stat. 30-102 Repealed. 30-103 Repealed. 130, Neb.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 View Statute 30-101 Repealed.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 View Print Friendly: View Statute 30-102 Repealed.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