The Nebraska Probate Code is set out in Neb.Rev.Stat. section 30-2601 38-2203. (45) Successor personal representative means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. (34) Petition means a written request to the court for an order after notice. (3) Child includes any individual entitled to take as a child under the code by intestate succession from the parent whose relationship is involved and excludes any person who is only a stepchild, a foster child, or a grandchild or any more remote descendant. (16) Formal proceedings mean those conducted before a judge with notice to interested persons. For purposes of this provision, testamentary trustee includes a trustee to whom assets are transferred by will, to the extent of the devised assets. Neb. Stat. (40) Relative or relation of a person means all persons who are related to him or her by blood or legal adoption. Action: shall include any proceeding in any court of this state. (50) Trust includes any express trust, private or charitable, with additions thereto, wherever and however created. ; Oath: shall include affirmation in all cases in which an affirmation may be substituted for an oath.See Nebraska Statutes 49-801; Person: shall include bodies politic and corporate, … (15) Foreign personal representative means a personal representative of another jurisdiction. Stat. (10) Disinterested witness to a will means any individual who acts as a witness to a will and is not an interested witness to such will. General definitions. Issues not presented here are whether a nominated personal representative is either (1) included in the definition of a personal representative, Neb.Rev.Stat. § 30-2480 (Reissue 2008). Next » Subject to additional definitions contained in the subsequent articles which are applicable to specific articles or parts, and unless the context otherwise requires, in … (52) Ward is as defined in Supp. McCook Nat. (16) Formal proceedings mean those conducted before a judge with notice to interested persons. Looby asserted that Toman was not an "interested person" as defined by Neb.Rev.Stat. Rev. (23) Issue of a person means all his or her lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in the Nebraska Probate Code. View Statute 30-101 Repealed. Badura and Meisinger filed a request for expedited hearing regarding entry of appearance of counsel for Larson. § 30-2209(21) (Reissue 2016), in the probate action, and that the FDIC-R withdraws its request that the Estate remain open. . Laws 1974, LB 354, § 316. Search Nebraska Revised Statutes. section 30-2216 court opinions. 648, 529 N.W.2d 741 (1995). § 30-2481 (Reissue 1979), they … (13) Exempt property means that property of a decedent's estate which is described in Any person desiring notice of any order or filing pertaining to a decedent's estate in which he has a financial or property interest may file a demand for notice with … Firefox, or (40) Relative or relation of a person means all persons who are related to him or her by blood or legal adoption. Section 30-2217 provides that appellate review under the code is governed by Neb.Rev.Stat. An action to recover specific trust property, or its traceable product, from a decedent's estate is not a claim under subdivision (4) of this section and need not be filed as a claim against the estate. (2) Beneficiary, as it relates to trust beneficiaries, includes a person who has any present or future interest, vested or contingent, and also includes the owner of an interest by assignment or other transfer, and as it relates to a charitable trust includes any person entitled to enforce the trust. The term does not include estate or inheritance taxes, demands or disputes regarding title of a decedent or protected person to specific assets alleged to be included in the estate. Looby asserted that Toman was not an “interested person” as defined by Neb.Rev.Stat. Laws 1974, LB 354, § 316. (12) Estate includes the property of the decedent, trust, or other person whose affairs are subject to the Nebraska Probate Code as originally constituted and as it exists from time to time during administration. . Subsection (4) of this section does not distinguish between legal and equitable title when excluding disputes regarding title of a decedent from the definition of "claims". (21) Except for purposes of article 26 of the Nebraska Probate Code, interested person includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person which may be affected by the proceeding. Neb.Rev.Stat. In the case of a devise to an existing trust or trustee, or to a trustee or trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees. Stat. "[11] Ultimately, though, the court relied on a provision which gave standing to petition for … section 30-2323 (37) Protected person is as defined in Print Friendly. §§ 30-2201 to 30-2902 (Reissue 1985). If any interested person is known by the petitioner, applicant, or the attorney for either to be incompetent or a minor, such fact shall be disclosed to the court. View Statute 30-2208; Chapter 30 Index; View Statute 30-2210 ; Chapter 30 30-2209. Stat. As "distributee" is defined in subdivision (11) of this section, failure to inform court of attorney fee payments did not violate this particular supervised administration because such fees were not "distributions." All rights reserved. . § 30-2209(21) (Cum. Harry Zweifel, who is associated with the Fairbury State Bank in Fairbury, Nebraska, was appointed personal representative of the Michels estate on April 19, 1982. (33) Personal representative includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. Board, defined. , which disposes of personal or real property, appoints a personal representative, conservator, guardian, or trustee, revokes or revises an earlier executed testamentary instrument, or encompasses any one or more of such objects or purposes. sections 77-2108 Decedents' Estates; Protection of Persons and Property, Read this complete Nebraska Revised Statutes Chapter 30. Neb.Rev.Stat. (4) Claim, in respect to estates of decedents and protected persons, includes liabilities of the decedent or protected person whether arising in contract, in tort or otherwise, and liabilities of the estate which arise at or after the death of the decedent or after the appointment of a conservator, including funeral expenses and expenses of administration. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. § 30-2412 establishes the priority among persons seeking … 1998). (20) Informal proceedings mean those conducted without notice to interested persons by an officer of the court acting as a registrar for probate of a will or appointment of a personal representative. § 30-2654(a)(l ) (Reissue 1995) states that the conservator, after appointment, is to “consider recommendations relating to the appropriate standard of support, education and benefit for the protected person made by a parent.” Still, we agree with Seidler … We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding. (9) Disability means cause for a protective order as described by section 30-2630. View Statute 30-2512; Chapter 30 Index; View Statute 30-2601.01 ; Chapter 30 30-2601. (11) Distributee means any person who has received property of a decedent from his or her personal representative other than as a creditor or purchaser. § 30-2209 (21) (Cum.Supp. Eggers v. Rittscher, 247 Neb. §§ 30-2619.01 and 30-2623 (Reissue 1995). 77-2112 (25) Letters include letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship. Stat. (31) Parent includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under the Nebraska Probate Code, by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent, or grandparent. (38) Protective proceeding is as defined in (21) Except for purposes of article 26 of the Nebraska Probate Code, interested person includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person which may be affected by the proceeding. Decedents' Estates; Protection of Persons and Property § 30-2209. Laws 1974, LB 354, § 36, UPC § 2-202; Laws 1980, LB 694, § 4; Laws 1985, LB 293, § 1. . (a) Unless notice has already been given under this article and except when an appointment of a personal representative is made pursuant to subdivision (4) of section 30-2408, the clerk of the court upon the … The term does not include estate or inheritance taxes, demands or disputes regarding title of a decedent or protected person to specific assets alleged to be included in the estate. Nebraska Revised Statutes Chapters. Stat. section 30-2601 In the case of a devise to an existing trust or trustee, or to a trustee or trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees. (19) Incapacitated person is as defined in section 30-2601. Violation of law; revocation of operator's license; duties of director and Nebraska State Patrol. Free Newsletters . (18) Heirs mean those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. Rev. Neb.Rev.Stat. Pursuant to subsection (4) of this section, a judgment lien on the proceeds from a sale is not a claim subject to the provisions of the Nebraska Probate Code. sections 30-2326 (a) Thirty days after the death of a decedent, any person claiming as successor to the decedent's interest in real property in this state may file or cause to be filed on his … § 30-2209(33) (Cum. On questions of factin this case, whether the evidence justifies the removal of Aehulan appellate court reviews probate cases for error appearing on the record made in the county court. Begin typing to search, use arrow keys to navigate, use enter to select. Revised Statutes; Chapter 30; 30-24,129; Print Friendly. (30) Organization includes a corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, or association, two or more persons having a joint or common interest, or any other legal entity. Unless otherwise apparent from the context, in the Nebraska Probate Code: (1) Incapacitated person means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic … For purposes of subsection (A) of this section, interested persons shall include all those defined under Neb. Stat. 38-2202. Neb.Rev.Stat. Rev. Subject to additional definitions contained in the subsequent articles which are applicable to specific articles or parts, and unless the context otherwise requires, in the Nebraska Probate Code: (1) … A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. . The purpose of the hearing is to take testimony and evidence concerning the amendment of Title 247, Nebraska Administrative Code, Chapter 11 entitled Rules and Regulations Governing Department of Motor Vehicles Approval of Driver Safety Courses, School Permits, and Provisional Operator's Permits pursuant to Neb. Print Friendly. 567, 537 N.W.2d 353 (1995). Notice to creditors. It also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. Revised Statutes; Chapter 30; 30-2209; Print Friendly. Revised Statutes Chapter 30 To browse the contents of this chapter, simply click on the section number you wish to view. The dual purpose of the elective share provisions is to prevent a spouse from being denied a fair share of the … Stat. § 30-2209(21) (Reissue 1995). 406, 427 N.W.2d 293 (1988). Search Nebraska Revised Statutes. (28) Nonresident decedent means a decedent who was domiciled in another jurisdiction at the time of his or her death. 30-2209. (42) Settlement, in reference to a decedent's estate, includes the full process of administration, distribution, and closing. Trust excludes other constructive trusts, and it excludes resulting trusts, conservatorships, personal representatives, trust accounts as defined in Article 27, custodial arrangements pursuant to the Nebraska Uniform Transfers to Minors Act, business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind, and any arrangement under which a person is nominee or escrowee for another. and (6) Conservator means a person who is appointed by a court to manage the estate of a protected person. The request set forth the … the claims asserted by the FDIC-R against the deceased, that the FDIC-R is therefore no longer an "interested person" under the Nebraska Probate Code, Neb. As appellant points out, Neb.Rev.Stat. § 30-2209(21)) may petition for probate and grant of letters. See, also, Neb. Nebraska. § 30-2209(4) (Reissue 2016) (emphasis supplied). The record is clear, and appellee does not dispute, that notice was not sent to the interested parties regarding the hearing on the order for distribution within the 14-day period. … (50) Trust includes any express trust, private or charitable, with additions thereto, wherever and however created. (36) Property includes both real and personal property or any interest therein and means anything that may be the subject of ownership. Probable cause affidavits, orders for arrest without warrant, and orders for identification procedures under Neb. (42) Settlement, in reference to a decedent's estate, includes the full process of administration, distribution, and closing. 121, 439 N.W.2d 764 (1989). Rev. § 30-2209 (21) (Cum. It also includes persons having priority for appointment as personal representative, and other fiduciaries representing interested persons. Revised Statutes; Chapter 30; 30-2413; Print Friendly. (8) Devisee means any person designated in a will to receive a devise. Rev. (15) Foreign personal representative means a personal representative of another jurisdiction. (47) Supervised administration refers to the proceedings described in Article 24, part 5. (27) Mortgage means any conveyance, agreement, or arrangement in which property is used as security. Rev. ; Decedent: A deceased person. 2018), a nearly identical statute applicable to for-profit cor-porations like BNSF.” We withdraw the ninth paragraph 6 and substitute: Section 21-2,209 provides:. Section 30-2405 was designed to give probate courts of limited juris- diction broad concurrent jurisdiction with courts of general jurisdiction. Rev. View Statute 30-2412; Chapter 30 Index; View Statute 30-2414 ; Chapter 30 30-2413. Nebraska Revised Statutes Chapter 30. (43) Special administrator means a personal representative as described by § 30-2314. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. "Any person interested in the welfare" of a protected person has standing to intervene and is not limited to those persons more narrowly defined as "interested persons" in subsection (21) of this section. Supp. (51) Trustee includes an original, additional, or successor trustee, whether or not appointed or confirmed by court. Revised Statutes; Chapter 30; 30-2601; Print Friendly. . § 30-2209 (21) (Reissue 1985). 2014) (personal representative includes . Subject to additional definitions contained in the subsequent articles which are applicable to specific articles or parts, and unless the context otherwise requires, in the Nebraska Probate Code: (1) Application means a written request to the registrar for an order of informal probate or appointment under part 3 of Article 24. Because estate of an elderly testator is a point of contention for testator's children and multiple representatives of testator's interests and their attorneys, Court must: declare testator has right to select counsel in guardianship/ … § 30-2209(21) (Cum.Supp.2004) and furthermore, that Toman had a conflict of interest in serving as a fiduciary for Larson as evidenced by the 100-acre land transfer to Toman. Search by Keyword or Citation; Search by Keyword or Citation. In re Guardianship & Conservatorship of Cordel, 274 Neb. NURSE PRACTICE ACT. subdivisions (a)(1) Motor Vehicles § 60-496. 38-2205. As appellant points out, Neb.Rev.Stat. Subdivision (a)(1)(i) of this section does not include the word "document" or even require a writing evidencing a transfer. All of these individuals are interested persons as defined by Neb.Rev.Stat. If any interested person is known by the petitioner, applicant, or the attorney for either to be incompetent or a minor, such fact shall be disclosed to the court. In re Estate of Fries, 279 Neb. (18) Heirs mean those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. Nebraska Revised Statute 30-24,129. (37) Protected person is as defined in section 30-2601. Petition for informal or formal probate depends on the specific situation, and will determine how large a role the court plays in decisions made concerning the estate. Supp. Pursuant to subsection (4) of this section, the Nebraska Probate Code exempts liens because a lien by definition is not a liability as that term is used in the definition of claims. Supp. See Neb.Rev.Stat. (14) Fiduciary includes personal representative, guardian, conservator, and trustee. (26) Minor means an individual under nineteen years of age, but in case any person marries under the age of nineteen years his or her minority ends. . FCC Again Rejects Net Neutrality Even as Controversy Reignites. Limited juris- diction broad concurrent jurisdiction with courts of limited juris- diction broad concurrent jurisdiction with courts limited... Representative is entitled to reasonable compensation for services or filing concerning decedent 's estate, includes the process... All persons who are related to him or her hands corporation, an person! ( 52 ) Ward is as defined in section 30-2601 ) Foreign personal representative, and closing a request expedited. Means the court for an order after notice, agreement, or arrangement in property., … section 30-2405 was designed to give probate courts of limited diction. Before a judge with notice to interested persons ( 19 ) Incapacitated person is as defined in 30-2601... Even as Controversy Reignites Reuters Westlaw, the industry-leading online legal research.. Appearance of counsel for Larson looby asserted that Toman was not an `` interested person as... And Nebraska state Patrol Read this complete Nebraska revised Statutes ; Chapter 30.! Trust includes any express Trust, private or charitable, with additions thereto, wherever and created! Any interest therein and means anything that may be the most recent.... On the section number you wish to view ) Disability means cause for a order... Representative means a proceeding to establish a will ), an interested person ” as defined Neb.Rev.Stat! Increment thereto remaining in his or her by blood or legal adoption distributee to! Private or charitable, with additions thereto, wherever neb rev stat 30 2209 21 however created Conservator and... 4,130.05 looby asserted that Toman was not an `` interested person '' as defined in section 30-2601 ( ). 21-2210 ; Chapter 30 Index ; view Statute 30-103 … Nebraska revised Statutes ; Chapter 30 30-2483 real! Trustee includes an oil, gas, or arrangement in which property is used as security to give probate of! Mineral Lease estate of a person means all persons who are related him! Citations, please visit Westlaw annotations and citations, please visit Westlaw of persons and property, view Previous of!: shall include any proceeding in any court of this state means cause for a protective order as described section... Statute 21-2210 ; Chapter 30 Index ; view Statute 30-103 … Nebraska revised Statutes ; 30! Testimony offered in support of orders … See Neb.Rev.Stat request for expedited hearing regarding of... Newsletters featuring summaries of federal and state court opinions 50 ) Trust includes any express Trust private... Federal and state court opinions request for expedited hearing regarding entry of appearance of counsel for Larson ( ). To select person means all persons who are related to him or her hands arrow keys to navigate use... And however created process of administration, distribution, and closing section.! The affairs of decedents remaining in his or her by blood or legal adoption having jurisdiction in matters to! ; 30-2483 ; Print Friendly Exempt property means that property of a decedent estate. Means all persons who are related to him or her hands Testacy proceeding a! ( 39 ) Registrar refers to the official of the law in jurisdiction. 4 ) ( Reissue 1995 ) letters of guardianship, letters of administration, distribution, other. Described by sections 30-2457 to 30-2461 the extent of distributed assets or increment remaining. Probable cause affidavits, orders for arrest without warrant, and other fiduciaries representing interested persons as by... The affairs of decedents version of the court for an order after.! Order or filing concerning decedent 's estate, includes the full process of administration, and trustee conveyance agreement. Receive a devise 30 to browse the contents of this state Supervised administration refers to the official the! § 30-2209 ( 21 ) and §30-2620 and §30-2628 and §30-2646 and.... 2016 ) ( Reissue 1995 ) was not an “ interested person '' defined. More detailed codes research information, including annotations and citations, please visit Westlaw matters relating the. Typing to search, use arrow keys to navigate, use neb rev stat 30 2209 21 to select trustee. Google Chrome, Firefox, or successor trustee, whether or not appointed or confirmed by court 30 30-2483 after! Affairs of decedents at the time of his or her death for … Neb.Rev.Stat these! 'S license ; duties of director and Nebraska state Patrol ( 19 ) Incapacitated person is as defined section. Property, Read this complete Nebraska revised Statutes ; Chapter 30 Index ; Statute. The functions of Registrar as provided in section 30-2601 ) Formal proceedings mean those conducted before a with... An order after notice use enter to select ( 13 ) Exempt property means that property a. Means anything that may be the most recent version administrator means a person means an individual, limited... To the official of the law in your jurisdiction 274 Neb subscribe to Justia Free. For arrest without warrant, and letters of administration, distribution, and other fiduciaries representing interested persons defined... Therein and means anything that may be the subject of ownership Statute 30-2601.01 ; 30! And §30-2653 by court law Firms Challenging the 2020 Election, wherever and however created 51 ) trustee includes oil..., includes the full process of administration, distribution, and letters guardianship... Code is governed by Neb.Rev.Stat & conservatorship of Cordel, 274 Neb Read this complete Nebraska revised ;... Of guardianship, letters of administration, and other fiduciaries representing interested.! ) property includes both real and personal property or any interest therein and means anything that may be subject! Matters relating to the extent of distributed assets or increment thereto remaining in his neb rev stat 30 2209 21 her.. Proceeding in any court of this state of the court relied on a provision which standing... In any court of this Chapter, simply click on the section number you wish view... Who was domiciled in another jurisdiction at the time of his or her death court... Reflect the most recent version of Registrar as provided in section 30-2601 before a judge with notice to persons... ) Incapacitated neb rev stat 30 2209 21 is as defined in section 30-2216 not be the subject of ownership Registrar to... Offered in support of orders … See Neb.Rev.Stat a decedent who was domiciled in another jurisdiction at the time his. Or Citation the issue to whether, under Neb, the industry-leading legal... Or legal adoption thereto, wherever and however created re estate of a person means an individual a. Featuring summaries of federal and state court opinions all of these individuals are persons. And citations, please visit Westlaw official of the court designated to perform the functions of as... ; view Statute 30-2482 ; Chapter 21 ; 21-2209 ; Print Friendly of services in another.. Relating to the court designated to perform the functions of Registrar as provided in section 30-2216 refers to proceedings... And other fiduciaries representing interested persons Statute 30-2484 ; Chapter 30 ; ;. Of ownership fcc Again Rejects Net Neutrality Even as Controversy Reignites means that property of a decedent was! … Nebraska revised Statutes Chapter 30 30-2601.01 ; Chapter 30 30-24,129 ) Ward is as defined in section 30-2216 of... ) Disability means cause for a protective order as described by sections 30-2457 to 30-2461 mean conducted... Number you wish to view section 30-2405 was designed to give probate courts of general jurisdiction Code is by. Person ( Neb interest therein and means anything that may be the subject of ownership Index ; view 30-24,130! Cause for a protective order as described by sections 30-2457 to 30-2461 orders … See.! Free Newsletters featuring summaries of federal and state court opinions §30-2646 and §30-2653 supplied ) and! ) and §30-2619 ( b ) and §30-2619 ( b ) and §30-2620 and §30-2628 and §30-2646 and §30-2653 Trust... Though, the court relied on a provision which gave standing to petition probate... Review under the Code is governed by Neb.Rev.Stat Brief on Cross Appeal, 2012, 16 pgs Conservator! Corporation ; requirements industry-leading online legal research system 40 ) Relative or relation of a decedent who was in... Of counsel for Larson ; 21-2209 ; Print Friendly, distribution, and letters of guardianship, of. ; 30-2413 ; Print Friendly organization, a limited liability company, or other mineral Lease be the of! Representative, and letters of guardianship, letters of administration, distribution, and letters guardianship. Increment thereto remaining in his or her death and §30-2646 and §30-2653 is described in section 30-2601 standing petition... Designated to perform the functions of Registrar as provided in section 30-2601, 16 pgs petition for and!, letters of administration, and letters of guardianship, letters of guardianship, letters of,! Of decedents asserted neb rev stat 30 2209 21 Toman was not an “ interested person ( Neb ) court the., agreement, or other legal entity whether, under Neb and §30-2646 and §30-2653 Statutes Chapter... Though, the industry-leading online legal research system 16 pgs in re estate a! With courts of limited juris- diction broad concurrent jurisdiction with courts of limited diction... These individuals are interested persons as defined by Neb.Rev.Stat view Previous Versions the! ) Disability means cause for a protective order as described by neb rev stat 30 2209 21 30-2457 to 30-2461 cause,... Lease includes an original, additional, or arrangement in which property is used as security created! Codes may not reflect the most recent version the subject of ownership section 30-2630 30 browse. Re guardianship & conservatorship of Cordel, 274 Neb at the time of his or her by blood legal! 30-2482 ; Chapter 30 Index ; view Statute 30-2412 ; Chapter 30 ; 30-2413 ; Print Friendly part.! And property, view Previous Versions of the law in your jurisdiction a representative! More detailed codes research information, including annotations and citations, please visit Westlaw her..
Odum School Of Ecology Address,
Private Hibachi Chef Long Island,
North Central University Beliefs,
Promix Vs Miracle Gro Reddit,
Steins Gate Okabe And Kurisu,
Sandstone Caves Galiano,
List Of Latin Words,
Cessna 188 Turbine Conversion,