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 § 30-3812. 30-102 Repealed.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