Chapter 30 — DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY
1,179 sections in this chapter.
Neb. Rev. Stat. § 30-4636 Uniformity of application and construction.
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In applying and construing the Uniform Powers of Appointment Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Neb. Rev. Stat. § 30-4637 Relation to Electronic Signatures in Global and National Commerce Act.
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The Uniform Powers of Appointment Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of…
Neb. Rev. Stat. § 30-4638 Application to existing relationships.
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(a) Except as otherwise provided in the Uniform Powers of Appointment Act, on and after August 28, 2021: (1) the Uniform Powers of Appointment Act applies to a power of appointment created before, on, or after August 28, 2021; (2) the Uniform Powers of Appointment Act applies to …
Neb. Rev. Stat. § 30-4701 Act, how cited.
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Sections 30-4701 to 30-4715 shall be known and may be cited as the Uniform Community Property Disposition at Death Act.
Neb. Rev. Stat. § 30-4702 Definitions.
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For purposes of the Uniform Community Property Disposition at Death Act: (1) Community-property spouse means an individual in a marriage or other relationship: (A) under which community property could be acquired during the existence of the relationship; and (B) that remains in e…
Neb. Rev. Stat. § 30-4703 Included and excluded property.
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(a) Subject to subsection (b) of this section, the Uniform Community Property Disposition at Death Act applies to the following property of a community-property spouse, without regard to how the property is titled or held: (1) if a decedent was domiciled in this state at the time…
Neb. Rev. Stat. § 30-4704 Form of partition, reclassification, or waiver.
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(a) Community-property spouses domiciled in this state may partition or reclassify property to which the Uniform Community Property Disposition at Death Act otherwise would apply. The partition or reclassification must be in a record signed by both community-property spouses. (b)…
Neb. Rev. Stat. § 30-4705 Community property presumption.
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All property acquired by a community-property spouse when domiciled in a jurisdiction where community property then could be acquired by the community-property spouse by operation of law is presumed to be community property. This presumption may be rebutted by a preponderance of …
Neb. Rev. Stat. § 30-4706 Disposition of property at death.
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(a) One-half of the property to which the Uniform Community Property Disposition at Death Act applies belongs to the surviving community-property spouse of a decedent and is not subject to disposition by the decedent at death. (b) One-half of the property to which the Uniform Com…
Neb. Rev. Stat. § 30-4707 Other remedies available at death.
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(a) At the death of a community-property spouse, the surviving community-property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of: (1) the surviving community-property spouse or decedent during the marriage…
Neb. Rev. Stat. § 30-4708 Right of surviving community-property spouse.
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(a) The surviving community-property spouse of the decedent may assert a claim for relief with respect to a right under the Uniform Community Property Disposition at Death Act in accordance with the following rules: (1) In an action asserting a right in or to property, the surviv…
Neb. Rev. Stat. § 30-4709 Right of heir, devisee, or nonprobate transferee.
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An heir, devisee, or nonprobate transferee of a deceased community-property spouse may assert a claim for relief with respect to a right under the Uniform Community Property Disposition at Death Act in accordance with the following rules: (1) In an action asserting a right in or …
Neb. Rev. Stat. § 30-4710 Protection of third person.
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(a) With respect to property to which the Uniform Community Property Disposition at Death Act applies, a person is not liable under the Uniform Community Property Disposition at Death Act to the extent the person: (1) transacts in good faith and for value: (A) with a community-pr…
Neb. Rev. Stat. § 30-4711 Principles of law and equity.
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The principles of law and equity supplement the Uniform Community Property Disposition at Death Act except to the extent inconsistent with the act.
Neb. Rev. Stat. § 30-4712 Uniformity of application and construction.
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In applying and construing the Uniform Community Property Disposition at Death Act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
Neb. Rev. Stat. § 30-4713 Saving provision.
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If a right with respect to property to which the Uniform Community Property Disposition at Death Act applies is acquired, extinguished, or barred on the expiration of a limitation period that began to run under another statute before July 19, 2024, that statute continues to apply…
Neb. Rev. Stat. § 30-4714 Transitional provision.
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Except as provided in section 30-4713, the Uniform Community Property Disposition at Death Act applies to a judicial proceeding with respect to property to which the act applies commenced on or after July 19, 2024, regardless of the date of death of the decedent.
Neb. Rev. Stat. § 30-4715 Venue.
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Venue for any proceeding under the Uniform Community Property Disposition at Death Act is in the county in this state where: (1) The decedent was domiciled at the time of death; or (2) The decedent's property was located at the time of death if the decedent was not domiciled in N…
Neb. Rev. Stat. § 30-501 Act, how cited.
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Sections 30-501 to 30-518 shall be known and may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act (2015).
Neb. Rev. Stat. § 30-502 Definitions.
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In the Revised Uniform Fiduciary Access to Digital Assets Act (2015): (1) Account means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user;…
Neb. Rev. Stat. § 30-503 Applicability.
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(a) The Revised Uniform Fiduciary Access to Digital Assets Act (2015) applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after January 1, 2017; (2) a personal representative acting for a decedent who died before, on, or after January 1, 2…
Neb. Rev. Stat. § 30-504 User direction for disclosure of digital assets.
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(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at a…
Neb. Rev. Stat. § 30-505 Terms-of-service agreement.
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(a) The Revised Uniform Fiduciary Access to Digital Assets Act (2015) does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) The Revised Uniform Fiduciary Access to Digital Assets Act (2015) …
Neb. Rev. Stat. § 30-506 Procedure for disclosing digital assets.
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(a) When disclosing digital assets of a user under the Revised Uniform Fiduciary Access to Digital Assets Act (2015), the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user’s account; (2) grant a fiduciary or designated rec…
Neb. Rev. Stat. § 30-507 Disclosure of content of electronic communications of deceased user.
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If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if th…
Neb. Rev. Stat. § 30-508 Disclosures of other digital assets of deceased user.
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Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than …
Neb. Rev. Stat. § 30-509 Disclosure of content of electronic communications of principal.
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To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent give…
Neb. Rev. Stat. § 30-510 Disclosures of other digital assets of principal.
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Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications s…
Neb. Rev. Stat. § 30-511 Disclosure of digital assets held in trust when trustee is original user.
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Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electr…
Neb. Rev. Stat. § 30-512 Disclosure of digital assets held in trust when trustee is not original user.
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Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, mainta…
Neb. Rev. Stat. § 30-513 Disclosure of other digital assets held in trust when trustee not original user.
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Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried…
Neb. Rev. Stat. § 30-514 Disclosure of digital assets to conservator of protected person.
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(a) After an opportunity for a hearing under section 30-2636, the court may grant a conservator access to the digital assets of a protected person. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of elec…
Neb. Rev. Stat. § 30-515 Fiduciary duty and authority.
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(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary’s or designated recipient's authority with…
Neb. Rev. Stat. § 30-516 Custodian compliance and immunity.
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(a) Not later than sixty days after receipt of the information required under sections 30-507 to 30-515, a custodian shall comply with a request under the Revised Uniform Fiduciary Access to Digital Assets Act (2015) from a fiduciary or designated recipient to disclose digital as…
Neb. Rev. Stat. § 30-517 Uniformity of application and construction.
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In applying and construing the Revised Uniform Fiduciary Access to Digital Assets Act (2015), consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Neb. Rev. Stat. § 30-518 Relation to Electronic Signatures in Global and National Commerce Act.
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The Revised Uniform Fiduciary Access to Digital Assets Act (2015) modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c),…
Neb. Rev. Stat. § 30-601 Act, how cited.
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Sections 30-601 to 30-619 shall be known and may be cited as the Health Care Surrogacy Act.
Neb. Rev. Stat. § 30-602 Legislative intent; act, how construed.
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(1) It is the intent of the Legislature to establish a process for the designation of a person to make a health care decision for an adult or an emancipated minor who becomes incapable of making such a decision in the absence of a guardian or an advance health care directive. (2)…
Neb. Rev. Stat. § 30-603 Terms, defined.
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For purposes of the Health Care Surrogacy Act: (1) Adult means an individual who is nineteen years of age or older; (2) Advance health care directive means an individual instruction under the Health Care Surrogacy Act, a declaration executed in accordance with the Rights of the T…
Neb. Rev. Stat. § 30-604 Surrogate; powers; designation of surrogate; priorities; consensus; meeting; continuation of authority; disqualification of surrogate.
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(1) A surrogate may make a health care decision for an individual if the individual has been determined to be incapable by the primary health care provider and no agent or guardian has been appointed for the individual. A determination that an individual is incapable of making a …
Neb. Rev. Stat. § 30-605 Persons disqualified to serve as surrogate.
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Unless related to the individual by blood, marriage, or adoption, a surrogate may not be an owner, operator, or employee of a health care facility at which the individual is residing or receiving health care or a facility or an institution of the Department of Correctional Servic…
Neb. Rev. Stat. § 30-606 Incapability; determination; documentation.
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(1) A determination that an individual is incapable of making a health care decision shall be made in writing by the primary health care provider and any physician consulted with respect to such determination, and the physician or physicians shall document the cause and nature of…
Neb. Rev. Stat. § 30-607 Notice.
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Notice of a determination that an individual is incapable of making health care decisions shall be given by the primary health care provider (1) to the individual when there is any indication of the individual's ability to comprehend such notice, (2) to the surrogate, and (3) to …
Neb. Rev. Stat. § 30-608 County court procedure; petition; guardian ad litem; hearing.
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If a dispute arises as to whether the individual is incapable, a petition may be filed with the county court in the county in which the individual resides or is located requesting the court's determination as to whether the individual is incapable of making health care decisions.…
Neb. Rev. Stat. § 30-609 Surrogate; powers; objection to surrogate decision; how treated.
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(1) When the authority conferred on a surrogate under the Health Care Surrogacy Act has commenced, the surrogate, subject to any individual instructions, shall make health care decisions on the individual's behalf, except that the surrogate shall not have authority (a) to consent…
Neb. Rev. Stat. § 30-610 Surrogate; duties.
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(1) In exercising authority under the Health Care Surrogacy Act, a surrogate shall have a duty to consult with medical personnel, including the primary health care provider, and thereupon to make health care decisions (a) in accordance with the individual instructions or the indi…
Neb. Rev. Stat. § 30-611 Primary health care provider; duties.
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Before acting upon a health care decision made by a surrogate, other than those decisions made at or about the time of the initial determination of incapacity, the primary health care provider shall confirm that the individual continues to be incapable. The confirmation shall be …
Neb. Rev. Stat. § 30-612 Petition; purposes; filed with county court.
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(1) A petition may be filed for any one or more of the following purposes: (a) To determine whether the authority of a surrogate under the Health Care Surrogacy Act is in effect or has been revoked or terminated; (b) To determine whether the acts or proposed acts of a surrogate a…
Neb. Rev. Stat. § 30-613 Person eligible to file petition.
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A petition under section 30-608 or 30-612 may be filed by any of the following: (1) The individual; (2) The surrogate; (3) The spouse, parent, sibling, or child of the individual who is an adult or an emancipated minor; (4) A close friend of the individual who is an adult or an e…
Neb. Rev. Stat. § 30-614 Liability for criminal offense; civil liability; violation of professional oath or code of ethics.
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(1) A surrogate shall not be guilty of any criminal offense, subject to any civil liability, or in violation of any professional oath or code of ethics or conduct for any action taken in good faith pursuant to the Health Care Surrogacy Act. (2) No primary health care provider, ot…