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neb rev stat 30 2209 21

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. to (35) Proceeding includes action at law and suit in equity, but does not include a determination of inheritance tax under Chapter 77, article 20, or estate tax apportionment as provided in 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. 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:. (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. Decedents' Estates; Protection of Persons and Property § 30-2209. 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. §30-2209(21) and §30-2619(b) and §30-2620 and §30-2628 and §30-2646 and §30-2653. Rev. … 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. Chapter 30 - DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY, View Previous Versions of the Nebraska Revised Statutes. Search Nebraska Revised Statutes. "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. The request set forth the … Demand for notice of order or filing concerning decedent's estate. A claim under Neb.Rev.Stat. For more detailed codes research information, including annotations and citations, please visit Westlaw. Stat. (24) Lease includes an oil, gas, or other mineral lease. 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. 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. (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. § 30-2209 (21) (Reissue 1985). (18) Heirs mean those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. § 21-19,152 applies to nonprofit corporations, the district court should have cited to Neb. (8) Devisee means any person designated in a will to receive a devise. Laws 1974, LB 354, § 316. (14) Fiduciary includes personal representative, guardian, conservator, and trustee. (13) Exempt property means that property of a decedent's estate which is described in Free Newsletters Disclaimer: These codes may not be the most recent version. Violation of law; revocation of operator's license; duties of director and Nebraska State Patrol. Stat. (44) State includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. This court in this state is known as county court or, for purposes of guardianship of a juvenile over which a separate juvenile court already has jurisdiction, the county court or separate juvenile court. . (38) Protective proceeding is as defined in (34) Petition means a written request to the court for an order after notice. 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. Supp. (28) Nonresident decedent means a decedent who was domiciled in another jurisdiction at the time of his or her death. Stat. Supp. § 30-2412 establishes the priority among persons seeking … . (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. 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. § 30-2209(21) (Cum. . 38-2204. (37) Protected person is as defined in section 30-2601. Issues not presented here are whether a nominated personal representative is either (1) included in the definition of a personal representative, Neb.Rev.Stat. § 30-2654(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 … § 30-2209(4) (Reissue 2016) (emphasis supplied). 2014) (personal representative includes . section 30-2601 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. Motor Vehicles § 60-496. (36) Property includes both real and personal property or any interest therein and means anything that may be the subject of ownership. The court noted that the part of § 30-2209(21) which states that the meaning of "interested person" would vary from time to time, and be determined according to the particular purposes of and matter involved in any proceeding, "would appear to give that otherwise narrow definition considerable breadth. 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. (5) Court means the court or branch having jurisdiction in matters relating to the affairs of decedents. (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. (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. . section 30-2601 § 30-2209(21) (Reissue 1995). (25) Letters include letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship. section 30-2323 (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. (24) Lease includes an oil, gas, or other mineral lease. 38-2201. Print Friendly. Nebraska Revised Statutes Chapters. 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. § 30-2481 (Reissue 1979), they … 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. Revised Statutes; Chapter 30; 30-24,129; Print Friendly. 30-2209. Decedents' Estates; Protection of Persons and Property, Read this complete Nebraska Revised Statutes Chapter 30. Firefox, or Neb. 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. 545, 741 N.W.2d 675 (2007). § 30-2209 (21). . View Print Friendly: View Statute 30-103 … (22) Interested witness to a will means any individual who acts as a witness to a will at the date of its execution and who is or would be entitled to receive any property thereunder if the testator then died under the circumstances existing at the date of its execution, but does not include any individual, merely because of such nomination, who acts as a witness to a will by which he or she is nominated as personal representative, conservator, guardian, or trustee. Laws 1974, LB 354, § 36, UPC § 2-202; Laws 1980, LB 694, § 4; Laws 1985, LB 293, § 1. . … (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 … 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. (52) Ward is as defined in section 30-2601. § 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. 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." 38-2205. Neb. (39) Registrar refers to the official of the court designated to perform the functions of registrar as provided in section 30-2216. Nebraska. . (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. Succession to real property by affidavit. Definitions, where found. special administrator). Appellants narrowed the issue to whether, under Neb. Rev. 1998). Act, how cited. 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 … A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his or her hands. Probable cause affidavits, orders for arrest without warrant, and orders for identification procedures under Neb. (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. Print Friendly. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. The Nebraska Probate Code is set out in Neb.Rev.Stat. A personal representative is entitled to reasonable compensation for services. Begin typing to search, use arrow keys to navigate, use enter to select. section 30-2601 View Print Friendly: View Statute 30-102 Repealed. Cancel « Prev. Search by Keyword or Citation; Search by Keyword or Citation . Search by Keyword or Citation; Search by Keyword or Citation. . § 30-2209 (21) (Cum. (25) Letters include letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship. Terms Used In Nebraska Statutes 30-2209. As appellant points out, Neb.Rev.Stat. The petition contains no allegation that the assets alleged to have been wrongfully transferred to the Becerras were unnecessary for the administration of Noble's estate, nor does it allege that Beachy was the sole "interested person" as defined by Neb. 198, 443 N.W.2d 894 (1989). (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. Please check official sources. Stat. (A) Sworn testimony offered in support of judicial determinations of probable cause for persons arrested without warrant shall be in an affidavit or, with the consent of the court, submitted verbally and recorded. featuring summaries of federal and state (14) Fiduciary includes personal representative, guardian, conservator, and trustee. (32) Person means an individual, a corporation, an organization, a limited liability company, or other legal entity. All rights reserved. Supp. Copyright © 2020, Thomson Reuters. Revised Statutes; Chapter 30; 30-2483; Print Friendly. 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 … (53) Will means any instrument, including any codicil or other testamentary instrument complying with It also includes persons having priority for appointment as personal representative, and other fiduciaries representing interested persons. (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. 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". To receive a devise of order or filing concerning decedent 's estate is! A Pandora 's Box in Criticizing law Firms Challenging the 2020 Election in another.. 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Was not an `` interested person ( Neb of federal and state court opinions `` interested (... Persons as defined in section 30-2601 's Free Newsletters featuring summaries of and.

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