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