Chapter 30 — DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY

1,179 sections in this chapter.

1,179 sectionsFiltered byCh 30

Neb. Rev. Stat. § 30-3803 (UTC 103) Definitions.
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(UTC 103) In the Nebraska Uniform Trust Code: (1) "Action", with respect to an act of a trustee, includes a failure to act. (2) "Ascertainable standard" means a standard relating to an individual's health, education, support, or maintenance within the meaning of section 2041(b)(1…
Neb. Rev. Stat. § 30-3804 (UTC 104) Knowledge.
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(UTC 104) (a) Subject to subsection (b) of this section, a person has knowledge of a fact if the person: (1) has actual knowledge of it; (2) has received a notice or notification of it; or (3) from all the facts and circumstances known to the person at the time in question, has r…
Neb. Rev. Stat. § 30-3805 (UTC 105) Default and mandatory rules.
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(UTC 105) (a) Except as otherwise provided in the terms of the trust, the Nebraska Uniform Trust Code governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary. (b) The terms of a trust prevail over any provision of the co…
Neb. Rev. Stat. § 30-3806 (UTC 106) Common law of trusts; principles of equity.
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(UTC 106) The common law of trusts and principles of equity supplement the Nebraska Uniform Trust Code, except to the extent modified by the code or another statute of this state.
Neb. Rev. Stat. § 30-3807 (UTC 107) Governing law.
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(UTC 107) (a) Except as provided in subsection (b) of this section, the meaning and effect of the terms of a trust are determined by: (1) the law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to a strong public policy of…
Neb. Rev. Stat. § 30-3808 (UTC 108) Principal place of administration.
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(UTC 108) (a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if: (1) a trustee's principal place of business is located in or a …
Neb. Rev. Stat. § 30-3809 (UTC 109) Methods and waiver of notice.
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(UTC 109) (a) Notice to a person under the Nebraska Uniform Trust Code or the sending of a document to a person under the code must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible metho…
Neb. Rev. Stat. § 30-3810 (UTC 110) Others treated as qualified beneficiaries.
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(UTC 110) (a) Whenever notice to qualified beneficiaries of a trust is required under the Nebraska Uniform Trust Code, the trustee must also give notice to any other beneficiary who has sent the trustee a request for notice. (b) A charitable organization expressly designated to r…
Neb. Rev. Stat. § 30-3811 (UTC 111) Nonjudicial settlement agreements.
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(UTC 111) (a) For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court. (b) Except as otherwise provided in subsection (c) of this section, interested …
Neb. Rev. Stat. § 30-3811.01 (UTC 112) Rules of construction.
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(UTC 112) The rules of construction that apply in this state to the interpretation and disposition of property by will shall also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.
Neb. Rev. Stat. § 30-3812 (UTC 201) Role of court in administration of trust.
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(UTC 201) (a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law. (b) A trust is not subject to continuing judicial supervision unless ordered by the court. (c) A judicial proceeding inv…
Neb. Rev. Stat. § 30-3813 (UTC 202) Jurisdiction over trustee and beneficiary.
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(UTC 202) (a) By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter i…
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…