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