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858 sections in this chapter.
Neb. Rev. Stat. § 30-3862 (UTC 706) Removal of trustee.
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(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. (b) The court may remove a trustee if: (1) the trustee has committed a serious breach of trust; (2) lack of cooperat…
Neb. Rev. Stat. § 30-3863 (UTC 707) Delivery of property by former trustee.
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(UTC 707) (a) Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to pr…
Neb. Rev. Stat. § 30-3864 (UTC 708) Compensation of trustee.
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(UTC 708) (a) If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances. (b) If the terms of a trust specify the trustee's compensation, the trustee is entitled to be compensated as specifie…
Neb. Rev. Stat. § 30-3865 (UTC 709) Reimbursement of expenses.
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(UTC 709) (a) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for: (1) expenses that were properly incurred in the administration of the trust; and (2) to the extent necessary to prevent unjust enrichment of the trust, expenses that…
Neb. Rev. Stat. § 30-3866 (UTC 801) Duty to administer trust.
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(UTC 801) Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with the Nebraska Uniform Trust Code.
Neb. Rev. Stat. § 30-3867 (UTC 802) Duty of loyalty.
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(UTC 802) (a) A trustee shall administer the trust solely in the interests of the beneficiaries. (b) Subject to the rights of persons dealing with or assisting the trustee as provided in section 30-38,101, a sale, encumbrance, or other transaction involving the investment or mana…
Neb. Rev. Stat. § 30-3868 (UTC 803) Impartiality.
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(UTC 803) If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests.
Neb. Rev. Stat. § 30-3869 (UTC 804) Prudent administration.
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(UTC 804) A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
Neb. Rev. Stat. § 30-3870 (UTC 805) Costs of administration.
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(UTC 805) In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee.
Neb. Rev. Stat. § 30-3871 (UTC 806) Trustee's skills.
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(UTC 806) A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, shall use those special skills or expertise.
Neb. Rev. Stat. § 30-3872 Delegation by trustee.
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A trustee may delegate functions as provided in section 30-3888.
Neb. Rev. Stat. § 30-3874 (UTC 809) Control and protection of trust property.
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(UTC 809) A trustee shall take reasonable steps to take control of and protect the trust property.
Neb. Rev. Stat. § 30-3875 (UTC 810) Record keeping and identification of trust property.
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(UTC 810) (a) A trustee shall keep adequate records of the administration of the trust. (b) A trustee shall keep trust property separate from the trustee's own property. (c) Except as otherwise provided in subsection (d) of this section, a trustee shall cause the trust property t…
Neb. Rev. Stat. § 30-3876 (UTC 811) Enforcement and defense of claims.
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(UTC 811) A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
Neb. Rev. Stat. § 30-3877 (UTC 812) Collecting trust property.
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(UTC 812) A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust known to the trustee to have been committed by a former trustee.
Neb. Rev. Stat. § 30-3878 (UTC 813) Duty to inform and report.
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(UTC 813) (a) A trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee shall promptly res…
Neb. Rev. Stat. § 30-3879 (UTC 814) Discretionary powers; tax savings.
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(UTC 814) (a) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute", "sole", or "uncontrolled", the trustee shall exercise a discretionary power in good faith and in accordance with the terms and pu…
Neb. Rev. Stat. § 30-3880 (UTC 815) General powers of trustee.
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(UTC 815) (a) A trustee, without authorization by the court, may exercise: (1) powers conferred by the terms of the trust; and (2) except as limited by the terms of the trust: (A) all powers over the trust property which an unmarried competent owner has over individually owned pr…
Neb. Rev. Stat. § 30-3881 (UTC 816) Specific powers of trustee.
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(UTC 816) (a) Without limiting the authority conferred by section 30-3880, a trustee may: (1) collect trust property and accept or reject additions to the trust property from a settlor or any other person; (2) acquire or sell property, for cash or on credit, at public or private …
Neb. Rev. Stat. § 30-3882 (UTC 817) Distribution upon termination.
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(UTC 817) (a) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection w…
Neb. Rev. Stat. § 30-3883 Prudent investor rule.
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(a) Except as otherwise provided in subsection (b) of this section, a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in sections 30-3883 to 30-3889. (b) The prudent investor rule, a def…
Neb. Rev. Stat. § 30-3884 Standard of care; portfolio strategy; risk and return objectives.
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(a) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution. (b) A …
Neb. Rev. Stat. § 30-3885 Diversification.
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A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.
Neb. Rev. Stat. § 30-3886 Duties at inception of trusteeship.
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Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, …
Neb. Rev. Stat. § 30-3887 Reviewing compliance.
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Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight.
Neb. Rev. Stat. § 30-3888 Delegation of investment and management functions.
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(a) A trustee may delegate investment and management functions that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in: (1) Selecting an agent; (2) Establishing the scope and te…
Neb. Rev. Stat. § 30-3889 Language invoking standard of prudent investor rule.
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The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under the prudent investor rule set forth in sections 30-3883 to 30-3889: Investments permissible by law for investment o…
Neb. Rev. Stat. § 30-3890 (UTC 1001) Remedies for breach of trust.
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(UTC 1001) (a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. (b) To remedy a breach of trust that has occurred or may occur, the court may: (1) compel the trustee to perform the trustee's duties; (2) enjoin the trustee from committing …
Neb. Rev. Stat. § 30-3891 (UTC 1002) Damages for breach of trust.
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(UTC 1002) (a) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of: (1) the amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or (2) the profi…
Neb. Rev. Stat. § 30-3892 (UTC 1003) Damages in absence of breach.
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(UTC 1003) (a) A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust. (b) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in …
Neb. Rev. Stat. § 30-3893 (UTC 1004) Attorney's fees and costs.
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(UTC 1004) In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the co…
Neb. Rev. Stat. § 30-3894 (UTC 1005) Limitation of action against trustee.
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(UTC 1005) (a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of t…
Neb. Rev. Stat. § 30-3895 (UTC 1006) Reliance on trust instrument.
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(UTC 1006) A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.
Neb. Rev. Stat. § 30-3896 (UTC 1007) Event affecting administration or distribution.
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(UTC 1007) If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a …
Neb. Rev. Stat. § 30-3897 (UTC 1008) Exculpation of trustee.
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(UTC 1008) (a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it: (1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interes…
Neb. Rev. Stat. § 30-3898 (UTC 1009) Beneficiary's consent, release, or ratification.
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(UTC 1009) A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless: (1) the consent, release, …
Neb. Rev. Stat. § 30-3899 (UTC 1010) Limitation on personal liability of trustee.
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(UTC 1010) (a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity. (b) A …
Neb. Rev. Stat. § 30-3901 Act, how cited.
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Sections 30-3901 to 30-3923 shall be known and may be cited as the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
Neb. Rev. Stat. § 30-3902 Definitions.
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In the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act: (1) Adult means an individual who has attained nineteen years of age; (2) Conservator means a person appointed by the court to administer the property of an adult, including a person appointed…
Neb. Rev. Stat. § 30-3903 International application of act.
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A court of this state may treat a foreign country as if it were a state for the purpose of applying sections 30-3901 to 30-3917 and 30-3921 to 30-3923.
Neb. Rev. Stat. § 30-3904 Communication between courts.
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(1) A court of this state may communicate with a court in another state concerning a proceeding arising under the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. The court may allow the parties to participate in the communication. Except as otherw…
Neb. Rev. Stat. § 30-3905 Cooperation between courts.
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(1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (a) Hold an evidentiary hearing; (b) Order a person in that state to produce evidence or give testimony pursuant to p…
Neb. Rev. Stat. § 30-3906 Taking testimony in another state.
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(1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its…
Neb. Rev. Stat. § 30-3907 Definitions; significant connection factors.
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(1) For purposes of sections 30-3907 to 30-3915: (a) Emergency means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is will…
Neb. Rev. Stat. § 30-3908 Exclusive basis.
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Sections 30-3907 to 30-3915 provide the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
Neb. Rev. Stat. § 30-3909 Jurisdiction.
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A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) This state is the respondent's home state; (2) On the date the petition is filed, this state is a significant-connection state and: (a) The respondent does not have a…
Neb. Rev. Stat. § 30-3910 Special jurisdiction.
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(1) A court of this state lacking jurisdiction under section 30-3909 has special jurisdiction to do any of the following: (a) Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state; (b) Issue a protective o…
Neb. Rev. Stat. § 30-3911 Exclusive and continuing jurisdiction.
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Except as otherwise provided in section 30-3910, a court that has appointed a guardian or issued a protective order consistent with the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act has exclusive and continuing jurisdiction over the proceeding un…
Neb. Rev. Stat. § 30-3912 Appropriate forum.
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(1) A court of this state having jurisdiction under section 30-3909 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (2) If a court of this state decl…
Neb. Rev. Stat. § 30-3913 Jurisdiction declined by reason of conduct.
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(1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (a) Decline to exercise jurisdiction; (b) Exercise jurisdiction for the limited purpose of fashioni…