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858 sections in this chapter.
Neb. Rev. Stat. § 30-3814 Subject-matter jurisdiction.
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(a) To the full extent permitted by the Constitution of Nebraska, the county court has jurisdiction over all subject matter relating to trusts. (b) The county court has full power to make orders, judgments, and decrees and take all other action necessary and proper to administer …
Neb. Rev. Stat. § 30-3815 (UTC 204) Venue.
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(UTC 204) (a) Except as otherwise provided in subsections (b) and (c) of this section, venue for a judicial proceeding involving a trust is in the county of this state in which the trust's principal place of administration is or will be located and, if the trust is created by wil…
Neb. Rev. Stat. § 30-3816 Duty to register trusts.
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(1) The trustee of a trust having its principal place of administration in this state may register the trust in the county court of this state at the principal place of administration. Unless otherwise designated in the trust instrument, the principal place of administration of a…
Neb. Rev. Stat. § 30-3817 Registration procedures.
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Registration shall be accomplished by filing a statement indicating the name and address of the trustee in which it acknowledges the trusteeship. The statement shall indicate whether the trust has been registered elsewhere. The statement shall identify the trust: (1) in the case …
Neb. Rev. Stat. § 30-3818 Clerk of court; records.
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The clerk of court shall keep a record for each trust involved in any document which may be filed with the court under sections 30-3816 to 30-3820, including petitions and applications, trust registrations, and of any orders or responses relating thereto by the court, and establi…
Neb. Rev. Stat. § 30-3819 Effect of registration.
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(a) By registering a trust, or accepting the trusteeship of a registered trust, the trustee submits personally to the jurisdiction of the court of registration in any proceeding under section 30-3812 relating to the trust that may be initiated by any interested person while the t…
Neb. Rev. Stat. § 30-3820 Registration, qualification of foreign trustee.
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A foreign corporate trustee is required to qualify as a foreign corporation doing business in this state if it maintains the principal place of administration of any trust within the state. A foreign cotrustee is not required to qualify in this state solely because its cotrustee …
Neb. Rev. Stat. § 30-3821 Appellate review.
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Appellate review under the Nebraska Uniform Trust Code shall be governed by section 30-1601.
Neb. Rev. Stat. § 30-3822 (UTC 301) Representation; basic effect.
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(UTC 301) (a) Notice to a person who may represent and bind another person under sections 30-3822 to 30-3826 has the same effect as if notice were given directly to the other person. (b) The consent of a person who may represent and bind another person under sections 30-3822 to 3…
Neb. Rev. Stat. § 30-3823 (UTC 302) Holder of power of appointment or power to terminate an interest.
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(UTC 302) The holder of a power of appointment or other power to terminate an interest may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.
Neb. Rev. Stat. § 30-3824 (UTC 303) Representation by fiduciaries and parents.
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(UTC 303) To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute: (1) a conservator may represent and bind the estate that the conservator controls; (2)…
Neb. Rev. Stat. § 30-3825 (UTC 304) Representation by person having substantially identical interest.
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(UTC 304) Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the parti…
Neb. Rev. Stat. § 30-3826 (UTC 305) Appointment of representative.
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(UTC 305) (a) If the court determines that an interest is not represented under sections 30-3822 to 30-3826, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, …
Neb. Rev. Stat. § 30-3827 (UTC 401) Methods of creating trust.
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(UTC 401) A trust may be created by: (1) transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death; (2) except as required by a statute other than the Nebraska Uniform Trust Code, declara…
Neb. Rev. Stat. § 30-3827.01 Contracts concerning trusts.
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A contract to make a trust, or not to revoke a trust, if executed on or after January 1, 1977, shall only be established by: (1) Provisions of a will or a trust stating the material provisions of the contract; (2) an express reference in a will or trust to a contract and extrinsi…
Neb. Rev. Stat. § 30-3827.02 Penalty clause for contest.
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A provision in a trust purporting to penalize any interested person for contesting the trust or instituting other proceedings relating to the trust is unenforceable if probable cause exists for instituting proceedings.
Neb. Rev. Stat. § 30-3828 (UTC 402) Requirements for creation.
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(UTC 402) (a) A trust is created only if: (1) the settlor has capacity to create a trust and meets one of the following requirements: (A) the settlor is eighteen years of age or older; or (B) the settlor is not a minor; (2) the settlor indicates an intention to create the trust; …
Neb. Rev. Stat. § 30-3829 (UTC 403) Trusts created in other jurisdictions.
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(UTC 403) A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation: (1) the settlor was domiciled, had a place of abode, or…
Neb. Rev. Stat. § 30-3830 (UTC 404) Trust purposes.
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(UTC 404) A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries.
Neb. Rev. Stat. § 30-3831 (UTC 405) Charitable purposes; enforcement.
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(UTC 405) (a) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community. (b) If the terms of a chari…
Neb. Rev. Stat. § 30-3832 (UTC 406) Creation of trust induced by fraud, duress, or undue influence.
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(UTC 406) A trust is void to the extent its creation was induced by fraud, duress, or undue influence.
Neb. Rev. Stat. § 30-3833 (UTC 407) Evidence of oral trust.
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(UTC 407) Except as required by a statute other than the Nebraska Uniform Trust Code, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms, or an amendment or revocation of an oral trust, may be established only by clear and convinc…
Neb. Rev. Stat. § 30-3834 (UTC 408) Trust for care of animal.
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(UTC 408) (a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon …
Neb. Rev. Stat. § 30-3835 (UTC 409) Noncharitable trust without ascertainable beneficiary.
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(UTC 409) Except as otherwise provided in section 30-3834 or Chapter 12, article 5, or by another statute, the following rules apply: (1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but other…
Neb. Rev. Stat. § 30-3836 (UTC 410) Modification or termination of trust; proceeding for approval or disapproval.
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(UTC 410) (a) In addition to the methods of termination prescribed by sections 30-3837 to 30-3840, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unla…
Neb. Rev. Stat. § 30-3837 (UTC 411) Modification or termination of noncharitable irrevocable trust by consent.
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(UTC 411) (a) If, upon petition, the court finds that the settlor and all beneficiaries consent to the modification or termination of a noncharitable irrevocable trust, the court shall approve the modification or termination even if the modification or termination is inconsistent…
Neb. Rev. Stat. § 30-3838 (UTC 412) Modification or termination because of unanticipated circumstances or inability to administer trust effectively.
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(UTC 412) (a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modificatio…
Neb. Rev. Stat. § 30-3839 (UTC 413) Cy pres.
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(UTC 413) (a) Except as otherwise provided in subsection (b) of this section, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful: (1) the trust does not fail, in whole or in part; (2) the trust property does not revert to the se…
Neb. Rev. Stat. § 30-3840 (UTC 414) Modification or termination of uneconomic trust.
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(UTC 414) (a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than one hundred thousand dollars may terminate the trust if the trustee concludes that the value of the trust property is insufficient to just…
Neb. Rev. Stat. § 30-3841 (UTC 415) Reformation to correct mistakes.
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(UTC 415) The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether …
Neb. Rev. Stat. § 30-3842 (UTC 416) Modification to achieve settlor's tax objectives.
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(UTC 416) To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect.
Neb. Rev. Stat. § 30-3843 (UTC 417) Combination and division of trusts.
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(UTC 417) After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the t…
Neb. Rev. Stat. § 30-3844 Reference to written statement or list.
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A trust may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the trust, other than money, evidences of indebtedness, documents of title, and securities, and property used in trade or business. To be a…
Neb. Rev. Stat. § 30-3845 Renunciation.
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Renunciations under the Nebraska Uniform Trust Code shall be governed by section 30-2352.
Neb. Rev. Stat. § 30-3846 (UTC 501) Rights of beneficiary's creditor or assignee.
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(UTC 501) To the extent a beneficiary's interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the benefici…
Neb. Rev. Stat. § 30-3847 (UTC 502) Spendthrift provision.
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(UTC 502) (a) A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest. (b) A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust", or words of similar import, is suf…
Neb. Rev. Stat. § 30-3848 (UTC 503) Exceptions to spendthrift provision.
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(UTC 503) (a) In this section, "child" includes any person for whom an order or judgment for child support has been entered in this or another state. (b) A spendthrift provision is unenforceable against: (1) a beneficiary's child, spouse, or former spouse who has a judgment or co…
Neb. Rev. Stat. § 30-3849 (UTC 504) Discretionary trusts; effect of standard.
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(UTC 504) (a) In this section, "child" includes any person for whom an order or judgment for child support has been entered in this or another state. (b) Except as otherwise provided in subsection (c) of this section, whether or not a trust contains a spendthrift provision, a cre…
Neb. Rev. Stat. § 30-3850 (UTC 505) Creditor's claim against settlor.
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(UTC 505) (a) Whether or not the terms of a trust contain a spendthrift provision, the following rules apply: (1) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors. (2) With respect to an irrevocable trust: (A) A…
Neb. Rev. Stat. § 30-3851 (UTC 506) Mandatory distribution.
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(UTC 506) (a) In this section, "mandatory distribution" means a distribution of income or principal which the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. The term does not include a distributio…
Neb. Rev. Stat. § 30-3852 (UTC 507) Personal obligations of trustee.
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(UTC 507) Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
Neb. Rev. Stat. § 30-3853 (UTC 601) Capacity of settlor of revocable trust.
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(UTC 601) The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.
Neb. Rev. Stat. § 30-3854 (UTC 602) Revocation or amendment of revocable trust.
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(UTC 602) (a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before January 1, 2005. (b) If a revocable trust is created or fund…
Neb. Rev. Stat. § 30-3855 (UTC 603) Rights and duties.
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(UTC 603) (a) To the extent a trust is revocable by a settlor, a trustee may follow a direction of the settlor that is contrary to the terms of the trust. To the extent a trust is revocable by a settlor in conjunction with a person other than a trustee or person holding an advers…
Neb. Rev. Stat. § 30-3856 (UTC 604) Limitation on action contesting validity of revocable trust; distribution of trust property.
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(UTC 604) (a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of: (1) one year after the settlor's death; or (2) one hundred twenty days after the trustee sent the person a copy of the tru…
Neb. Rev. Stat. § 30-3857 (UTC 701) Accepting or declining trusteeship.
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(UTC 701) (a) Except as otherwise provided in subsection (c) of this section, a person designated as trustee accepts the trusteeship: (1) by substantially complying with a method of acceptance provided in the terms of the trust; (2) if the terms of the trust do not provide a meth…
Neb. Rev. Stat. § 30-3858 (UTC 702) Trustee's bond.
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(UTC 702) (a) A trustee shall give bond to secure performance of the trustee's duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement. (b) The…
Neb. Rev. Stat. § 30-3859 (UTC 703) Cotrustees.
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(UTC 703) (a) Cotrustees who are unable to reach a unanimous decision may act by majority decision, except that any cotrustee may act independently as provided in section 30-901. (b) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust. (c) Subje…
Neb. Rev. Stat. § 30-3860 (UTC 704) Vacancy in trusteeship; appointment of successor.
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(UTC 704) (a) A vacancy in a trusteeship occurs if: (1) a person designated as trustee rejects the trusteeship; (2) a person designated as trustee cannot be identified or does not exist; (3) a trustee resigns; (4) a trustee is disqualified or removed; (5) a trustee dies; or (6) a…
Neb. Rev. Stat. § 30-3861 (UTC 705) Resignation of trustee.
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(UTC 705) (a) A trustee may resign: (1) upon at least thirty days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or (2) with the approval of the court. (b) In approving a resignation, the court may issue orders and impose conditions reasonably…