Chapter 30 — DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY
1,179 sections in this chapter.
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Neb. Rev. Stat. § 30-3420 Power of attorney; health care decision; revocation; limitations; effect.
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(1) A power of attorney for health care or a health care decision made by an attorney in fact may be revoked at any time by a principal who is competent and in any manner by which the principal is able to communicate his or her intent to revoke. Revocation shall be effective upon…
Neb. Rev. Stat. § 30-3421 Filing of petition; when.
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(1) A petition may be filed for any one or more of the following purposes: (a) To determine whether the power of attorney for health care is in effect or has been revoked or terminated; (b) To determine whether the acts or proposed acts of the attorney in fact are consistent with…
Neb. Rev. Stat. § 30-3422 Filing of petition; by whom.
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A petition under section 30-3415 or 30-3421 may be filed by any of the following: (1) The principal; (2) The attorney in fact; (3) The spouse, parent, sibling, or adult child of the principal; (4) A close adult friend of the principal; (5) The guardian of the principal; (6) The a…
Neb. Rev. Stat. § 30-3423 Attorney in fact; attending physician; health care provider; immunity.
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(1) An attorney in fact 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 a power of attorney for health care or an advance mental healt…
Neb. Rev. Stat. § 30-3424 Right to make health care decisions; sections; effect.
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Subject to subsection (5) of section 30-3417 and subsection (7) of section 30-3420, in the absence of an effective designation of power of attorney for health care nothing in sections 30-3401 to 30-3432 shall affect any right a person may otherwise have to make health care decisi…
Neb. Rev. Stat. § 30-3425 Health care providers; assumption of validity.
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Health care providers shall be entitled to assume the validity of a power of attorney for health care executed in this state until given actual notice to the contrary.
Neb. Rev. Stat. § 30-3426 Execution of power of attorney; effect on right to routine care.
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By executing a power of attorney for health care, a principal shall not waive his or her right to routine hygiene, nursing, and comfort care and the usual and typical provision of nutrition and hydration.
Neb. Rev. Stat. § 30-3427 Health care provider; exercise independent medical judgment.
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In following the decision of an attorney in fact, a health care provider shall exercise the same independent medical judgment that the health care provider would exercise in following the decision of the principal if the principal were not incapable.
Neb. Rev. Stat. § 30-3428 Health care provider; refusal to honor health care decision; duties.
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(1) Nothing in sections 30-3401 to 30-3432 shall obligate a health care provider organization to honor a health care decision by an attorney in fact that the health care provider organization would not honor if the decision had been made by the principal because the decision is c…
Neb. Rev. Stat. § 30-3429 Power of attorney; prohibited acts.
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(1) No person shall be required to execute or to refrain from executing a power of attorney for health care as a criterion for insurance or as a condition for receiving health care. (2) No person authorized to engage in the business of insurance in this state, medical care corpor…
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Neb. Rev. Stat. § 30-3430 Presumptions not created.
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The fact that a person has not appointed an attorney in fact or has not provided the attorney in fact with specific health care instructions shall create no presumptions regarding the person's wishes about health care.
Neb. Rev. Stat. § 30-3431 Attempted suicide; how construed.
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For purposes of making health care decisions, an attempted suicide by the principal shall not be construed as any indication of the principal's wishes with regard to health care.
Neb. Rev. Stat. § 30-3432 Violations; penalties.
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(1) It shall be a Class II felony for a person to willfully sign or alter without authority or to otherwise alter, forge, conceal, or destroy a power of attorney for health care or to willfully conceal or destroy a revocation with the intent and effect of causing a withholding or…
Neb. Rev. Stat. § 30-3501 Act, how cited.
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Sections 30-3501 to 30-3522 shall be known and may be cited as the Nebraska Uniform Custodial Trust Act.
Neb. Rev. Stat. § 30-3502 Terms, defined.
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For purposes of the Nebraska Uniform Custodial Trust Act: (1) Adult means an individual who is at least nineteen years of age; (2) Beneficiary means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individ…
Neb. Rev. Stat. § 30-3503 Custodial trust; general provisions.
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(a) A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer, executed in any lawful manner, naming as beneficiary, an individual who may be the transferor, in which the…
Neb. Rev. Stat. § 30-3504 Custodial trustee for future payment or transfer.
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(a) A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by "as custodial trustee for ......…
Neb. Rev. Stat. § 30-3505 Form and effect of receipt and acceptance by custodial trustee; jurisdiction.
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(a) Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under the Nebraska Uniform Custodial Trust Act upon the custodial trustee's written acceptance of the custodial trust property. (b) The custodial trustee's acceptance m…
Neb. Rev. Stat. § 30-3506 Transfer to custodial trustee by fiduciary or obligor; facility of payment.
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(a) Unless otherwise directed by an instrument designating a custodial trustee pursuant to section 30-3504, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator may make a tran…
Neb. Rev. Stat. § 30-3507 Multiple beneficiaries; separate custodial trusts; survivorship.
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(a) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of husband and wife, for whom survivorship is pre…
Neb. Rev. Stat. § 30-3508 General duties of custodial trustee.
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(a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property. (b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or re…
Neb. Rev. Stat. § 30-3509 General powers of custodial trustee.
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(a) A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property which an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only. (b)…
Neb. Rev. Stat. § 30-3510 Use of custodial trust property.
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(a) A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary, while not incapacitated, may direct in writing from time to time. (b) If the beneficiary is incapacitated, the c…
Neb. Rev. Stat. § 30-3511 Determination of incapacity; effect.
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(a) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if (i) the custodial trust was created under section 30-3506, (ii) the transferor has so directed in the instrument creating the custodial trust, or (iii) the custodial trustee has …
Neb. Rev. Stat. § 30-3512 Exemption of third person from liability.
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A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not…
Neb. Rev. Stat. § 30-3513 Liability to third person.
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(a) A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third …
Neb. Rev. Stat. § 30-3514 Declination, resignation, incapacity, death, or removal of custodial trustee; designation of successor custodial trustee.
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(a) Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor, or the transferor's legal representative. If an event giving rise to a transfer has not occurred, the…
Neb. Rev. Stat. § 30-3515 Expenses, compensation, and bond of custodial trustee.
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Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee: (1) Is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiducia…
Neb. Rev. Stat. § 30-3516 Reporting and accounting by custodial trustee; determination of liability of custodial trustee.
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(a) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement that the custodial trust property is held pursuant to the Nebraska Uniform Custodial Trust Act and describing the custodial trust property. The custodial trustee shall the…
Neb. Rev. Stat. § 30-3517 Limitations of action against custodial trustee.
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(a) Except as provided in subsections (b) and (c) of this section, unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust pro…
Neb. Rev. Stat. § 30-3518 Distribution on termination.
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(a) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property: (1) To the beneficiary, if not incapacitated or deceased; (2) To the holder of the beneficiary's power of attorney; (3) To the conservator or other recipient d…
Neb. Rev. Stat. § 30-3519 Methods and forms for creating custodial trusts.
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(a) If a transaction, including a declaration with respect to or a transfer of specific property, otherwise satisfies applicable law, the criteria of section 30-3503 are satisfied by: (1) The execution and either delivery to the custodial trustee or recording of an instrument in …
Neb. Rev. Stat. § 30-3520 Applicability of act.
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(a) The Nebraska Uniform Custodial Trust Act applies to a transfer or declaration creating a custodial trust that refers to the act if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of bus…
Neb. Rev. Stat. § 30-3521 Custodial trust; aggregate value; limitation.
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Transfers or declarations of property to a custodial trust under the Nebraska Uniform Custodial Trust Act shall not exceed, in the aggregate, one hundred thousand dollars in net value, exclusive of the value of the transferor's or declarant's personal residence. This limitation d…
Neb. Rev. Stat. § 30-3522 Act; application and construction.
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The Nebraska Uniform Custodial Trust Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the act among states enacting it.
Neb. Rev. Stat. § 30-3601 Act, how cited.
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Sections 30-3601 to 30-3604 shall be known and may be cited as the Uniform Testamentary Additions to Trusts Act (1991).
Neb. Rev. Stat. § 30-3602 Testamentary additions to trusts.
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(a) A will may validly devise or bequeath property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, al…
Neb. Rev. Stat. § 30-3603 Act; applicability.
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The Uniform Testamentary Additions to Trusts Act (1991) applies to a will of a testator who dies on or after August 28, 1999.
Neb. Rev. Stat. § 30-3604 Act; how construed.
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The Uniform Testamentary Additions to Trusts Act (1991) shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the act among states enacting it.
Transferred to section 30-38,102.
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[Repealed or reserved.]
Transferred to section 30-38,103.
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[Repealed or reserved.]
Transferred to section 30-38,104.
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[Repealed or reserved.]
Transferred to section 30-38,105.
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[Repealed or reserved.]
Transferred to section 30-38,106.
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[Repealed or reserved.]
Transferred to section 30-38,107.
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[Repealed or reserved.]
Neb. Rev. Stat. § 30-38 (UTC 1011) Interest as general partner.
Neb. Rev. Stat. § 30-3801 (UTC 101) Nebraska Uniform Trust Code, how cited.
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(UTC 101) Sections 30-3801 to 30-38,115 shall be known and may be cited as the Nebraska Uniform Trust Code.
Neb. Rev. Stat. § 30-3802 (UTC 102) Scope.
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(UTC 102) The Nebraska Uniform Trust Code applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust.