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 Stat. 16. 2004), that jurisdiction was granted to courts pursuant to § 30-2806 (repealed by 2003 Neb.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 Cancel « Prev. 30-105 Repealed.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