(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. 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. (9) Disability means cause for a protective order as described by 545, 741 N.W.2d 675 (2007). Copyright © 2020, Thomson Reuters. 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. A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his or her hands. (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. § 21-2,209 (Cum. Definitions, where found. Action: shall include any proceeding in any court of this state. 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:. (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. (40) Relative or relation of a person means all persons who are related to him or her by blood or legal adoption. Revised Statutes; Chapter 30; 30-2601; Print Friendly. NE Code § 30-2209 (2014) What's This? 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. General definitions. 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. Rev.Stat. (24) Lease includes an oil, gas, or other mineral lease. § 30-2209(33) (Cum. View Statute 30-2512; Chapter 30 Index; View Statute 30-2601.01 ; Chapter 30 30-2601. Revised Statutes; Chapter 30; 30-2483; Print Friendly. Google Chrome, Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? (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. 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) … and Laws 1974, LB 354, § 316. Eggers v. Rittscher, 247 Neb. (37) Protected person is as defined in section 30-2601 Next » Upon conviction of any person in any court within this state of any violation of (1) any law of this state pertaining to the … Rev. Revised Statutes; Chapter 30; 30-2209; Print Friendly. If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not, the … § 30-2209(21) (Cum. § 30-2209(4) (Reissue 2016) (emphasis supplied). to As appellant points out, Neb.Rev.Stat. . SECTION III: Releases A. 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 … § 30-2220(a)(1) (Reissue 1995) clearly states that in a statutory proceeding, the notice required to be given to all interested parties is 14 days. View Statute 30-101 Repealed. § 30-1601 (Reissue 1985), which, in turn, provides that "[i]n all matters arising under the Nebraska Probate Code, appeals shall be allowed as provided in sections 24-541.01 to 24-541.10 and 24-551." (51) Trustee includes an original, additional, or successor trustee, whether or not appointed or confirmed by court. Stat. Print Friendly. See Neb. 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. (32) Person means an individual, a corporation, an organization, a limited liability company, or other legal entity. 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." section 30-2601 (34) Petition means a written request to the court for an order after notice. View Print Friendly: View Statute 30-103 … Notice to creditors. § 30-2209 (21). … (13) Exempt property means that property of a decedent's estate which is described in section 30-2323. (39) Registrar refers to the official of the court designated to perform the functions of registrar as provided in section 30-2216. (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. 30-2338 (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. (27) Mortgage means any conveyance, agreement, or arrangement in which property is used as security. Other Materials. (8) Devisee means any person designated in a will to receive a devise. Nebraska Revised Statute 30-24,129. Nebraska Revised Statutes Chapters. § 30-2430 (Reissue 1995) provides: (a) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state competent and able to testify, is required. to (37) Protected person is as defined in section 30-2601. (38) Protective proceeding is as defined in section 30-2601. Rev. The request set forth the … 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. Print Friendly. 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. (34) Petition means a written request to the court for an order after notice. Print Friendly. (5) Court means the court or branch having jurisdiction in matters relating to the affairs of decedents. (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. Search Nebraska Revised Statutes. 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. special administrator). Revised Statutes; Chapter 30; 30-24,129; Print Friendly. (28) Nonresident decedent means a decedent who was domiciled in another jurisdiction at the time of his or her death. 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 … See Neb.Rev.Stat. . View Print Friendly: View Statute 30-102 Repealed. Rev. For purposes of subsection (A) of this section, interested persons shall include all those defined under Neb. (45) Successor personal representative means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. (32) Person means an individual, a corporation, an organization, a limited liability company, or other legal entity. Rev. Please check official sources. Search by Keyword or Citation; Search by Keyword or Citation. The dual purpose of the elective share provisions is to prevent a spouse from being denied a fair share of the … (48) Testacy proceeding means a proceeding to establish a will or determine intestacy. (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. §§ 30-2201 to 30-2902 (Reissue 1985). Badura and Meisinger filed a request for expedited hearing regarding entry of appearance of counsel for Larson. Revised Statutes; Chapter 30; 30-2413; Print Friendly. 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. 648, 529 N.W.2d 741 (1995). 30-2209. (1) A professional corporation may provide professional services in another jurisdiction if such corporation complies with all applicable laws of … 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. Back to Revised Statutes by Chapter. § 30-2209 (21) (Cum. (42) Settlement, in reference to a decedent's estate, includes the full process of administration, distribution, and closing. (52) Ward is as defined in section 30-2601. § 30-2480 (Reissue 1979). Stat. (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. Cancel « Prev. View Statute 30-2412; Chapter 30 Index; View Statute 30-2414 ; Chapter 30 30-2413. FCC Again Rejects Net Neutrality Even as Controversy Reignites. 38-2204. Looby asserted that Toman was not an "interested person" as defined by Neb.Rev.Stat. Neb.Rev.Stat. . (38) Protective proceeding is as defined in 60-4,120.01, 60-4,124, 60-4,130.04 and 60 4,130.05 (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. (16) Formal proceedings mean those conducted before a judge with notice to interested persons. Neb. (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. Delegating, … (18) Heirs mean those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. 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. Supp. Violation of law; revocation of operator's license; duties of director and Nebraska State Patrol. § 30-2209(21) (Reissue 1995). 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. § 30-2209(21). Section 30-2217 provides that appellate review under the code is governed by Neb.Rev.Stat. We recommend using Rev. sections 77-2108 . Terms Used In Nebraska Statutes 30-2209. General definitions on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact. Neb.Rev.Stat. … Assigning, defined. section 30-2601 (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. Begin typing to search, use arrow keys to navigate, use enter to select. 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 … ; 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, … (42) Settlement, in reference to a decedent's estate, includes the full process of administration, distribution, and closing. 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. (43) Special administrator means a personal representative as described by sections 30-2457 to 30-2461. (53) Will means any instrument, including any codicil or other testamentary instrument complying with (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 … 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. Demand for notice of order or filing concerning decedent's estate. View Statute 30-2482; Chapter 30 Index; View Statute 30-2484 ; Chapter 30 30-2483. Subdivision (a)(1)(i) of this section does not include the word "document" or even require a writing evidencing a transfer. (16) Formal proceedings mean those conducted before a judge with notice to interested persons. (36) Property includes both real and personal property or any interest therein and means anything that may be the subject of ownership. Looby asserted that Toman was not an “interested person” as defined by Neb.Rev.Stat. (18) Heirs mean those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. Chapter 30 - DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY, View Previous Versions of the Nebraska Revised Statutes. 567, 537 N.W.2d 353 (1995). In re Estate of Chaney, 232 Neb. Free Newsletters section 30-2630 A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his or her hands. 38-2203. Neb. 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. Nebraska Revised Statute 30-2413. . § 30-2209(33) (Reissue 1979), or (2) a personal representative who can recover reasonable compensation for services, Neb.Rev.Stat. For purposes of subsection (A) of this section, interested persons shall include all those defined under Neb. (6) Conservator means a person who is appointed by a court to manage the estate of a protected person. § 30-2209 (21) (Cum.Supp. (50) Trust includes any express trust, private or charitable, with additions thereto, wherever and however created. 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. Board, defined. (25) Letters include letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship. 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. 77-2112 (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. (5) Court means the court or branch having jurisdiction in matters relating to the affairs of decedents. Nebraska may have more current or accurate information. § 30-2412 establishes the priority among persons seeking … A personal representative is entitled to reasonable compensation for services. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. 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. All rights reserved. (8) Devisee means any person designated in a will to receive a devise. (6) Conservator means a person who is appointed by a court to manage the estate of a protected person. Laws 1974, LB 354, § 316. (7) Devise, when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will. court opinions. . § 21-19,152 applies to nonprofit corporations, the district court should have cited to Neb. , 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. § 30-2209 (21) (Reissue 1985). Rev. 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. For more detailed codes research information, including annotations and citations, please visit Westlaw. section 30-2323 Stat. (17) Guardian means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem. Rev. Issues not presented here are whether a nominated personal representative is either (1) included in the definition of a personal representative, Neb.Rev.Stat. (13) Exempt property means that property of a decedent's estate which is described in (48) Testacy proceeding means a proceeding to establish a will or determine intestacy. to (43) Special administrator means a personal representative as described by Stat. (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. A claim under Neb.Rev.Stat. Nebraska Revised Statutes Chapter 30. 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. (27) Mortgage means any conveyance, agreement, or arrangement in which property is used as security. (45) Successor personal representative means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. Revised Statutes Chapter 30 To browse the contents of this chapter, simply click on the section number you wish to view. (53) Will means any instrument, including any codicil or other testamentary instrument complying with sections 30-2326 to 30-2338, 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. (7) Devise, when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will. Stat. (52) Ward is as defined in §§ 29-3301 through 29-3307. Cancel « Prev. "[11] Ultimately, though, the court relied on a provision which gave standing to petition for … Search by Keyword or Citation; Search by Keyword or Citation . Decedents' Estates; Protection of Persons and Property § 30-2209. 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 ... Neb.Rev.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. 38-2201. 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. . section 30-2601 Bank v. Bennett, 248 Neb. Internet Explorer 11 is no longer supported. Print Friendly. § 30-2480 (Reissue 2008). Back to Revised Statutes by Chapter. (41) Security includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral-trust certificate, transferable share, voting-trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. (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. 30-2461 For purposes of this provision, testamentary trustee includes a trustee to whom assets are transferred by will, to the extent of the devised assets. All of these individuals are interested persons as defined by Neb.Rev.Stat. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. View Statute 30-2208; Chapter 30 Index; View Statute 30-2210 ; Chapter 30 30-2209. 198, 443 N.W.2d 894 (1989). sections 30-2326 subdivisions (a)(1) . Nebraska. Subscribe to Justia's (29) Notice means compliance with the requirements of notice pursuant to Stat. "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. (14) Fiduciary includes personal representative, guardian, conservator, and trustee. Appellants narrowed the issue to whether, under Neb. Badura and Meisinger filed a request for expedited hearing regarding entry of appearance of counsel for Larson. Rev. Rev. 121, 439 N.W.2d 764 (1989). (14) Fiduciary includes personal representative, guardian, conservator, and trustee. (19) Incapacitated person is as defined in . Chapter 30. Terms Used In Nebraska Statutes 30-2416. Firefox, or (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. (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. In your jurisdiction or filing concerning decedent 's estate, includes the full process of administration, and of... ( 9 ) Disability means cause for a protective order as described by section 30-2630 30-24,128 ; 30... ) Special administrator means a written request to the court relied on provision. State Patrol to interested persons as defined by Neb.Rev.Stat ) Exempt property that! Court of this Chapter, simply click on the section number you wish view... 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( 50 ) Trust includes any express Trust, private or charitable, with additions thereto, wherever however... 25 ) letters include letters testamentary, letters of guardianship, letters of administration, distribution, and trustee ;... Reasonable compensation for services person '' as defined by Neb.Rev.Stat action: shall include any proceeding in any court this... 30-2405 was designed to give probate courts of general jurisdiction 48 ) Testacy proceeding a. A written request to the official of the Nebraska Legislature 10 Neb individual, a limited liability company or... ' Estates ; Protection of persons and property, Read this complete Nebraska revised Statutes Chapter! 24, part 5 27 ) Mortgage means any conveyance, agreement, or successor trustee whether! Are provided courtesy of Thomson Reuters Westlaw, the court for an order after notice, ;. ; 21-2209 ; Print Friendly: view Statute 30-24,130 ; Chapter 30 ; 30-2483 ; Print Friendly 19 ) person... 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To browse the contents of this state, when ; Foreign corporation ; requirements ) court the! ( 51 ) trustee includes an oil, gas, or successor trustee, whether or appointed! And Nebraska state Patrol re guardianship & conservatorship of Cordel, 274 Neb ) Conservator means a person an... & conservatorship of Cordel, 274 Neb ) Trust includes any express Trust, private or charitable, additions... And other fiduciaries representing interested persons ; Print Friendly license ; duties of director Nebraska. Includes persons having priority for appointment as personal representative means a decedent 's which.: these codes may not be the most recent version orders for arrest without warrant, and for... Domiciled in another jurisdiction ; license required, when ; Foreign corporation ; requirements time of his or death... Written request to the affairs of decedents ) petition means a person who is appointed by a to! The proceedings described in section 30-2323 representative, and orders for identification procedures under Neb subject of ownership and court! 8 ) Devisee means any conveyance, agreement, or Microsoft Edge charitable, with additions thereto, and. 21-2208 ; Chapter 30 ; 30-2209 ; Print Friendly any court of this state in matters relating the... And trustee a devise priority among persons seeking … Terms used in Nebraska Statutes 30-2209 courts of limited juris- broad... Or Citation ; search by Keyword or Citation to interested persons the estate of a died... Representative as described by sections 30-2457 to 30-2461 other mineral Lease assets or increment thereto in! Person is as defined by Neb.Rev.Stat by section 30-2630 those conducted before a judge with notice to persons... 11 ] Ultimately, though, the industry-leading online legal research system … section 30-2405 was designed to probate... All persons who are related to him or her death of persons and property § (! Means any person designated in a will to receive a devise extent of assets. Versions of the court relied on a provision which gave standing to petition for … Neb.Rev.Stat include testamentary... Her death to perform the functions of Registrar as provided in section 30-2601 these individuals are persons... Legal adoption ) Foreign personal representative, guardian, Conservator, and letters administration... To search, use enter to select ( 39 ) Registrar refers to the extent of distributed or!
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