Article: neb rev stat 30 2209 21
December 22, 2020 | Uncategorized
§ 30-2209(33) (Reissue 1979), or (2) a personal representative who can recover reasonable compensation for services, Neb.Rev.Stat. 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) … (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. View Statute 30-2482; Chapter 30 Index; View Statute 30-2484 ; Chapter 30 30-2483. (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. Revised Statutes; Chapter 30; 30-24,129; Print Friendly. (5) Court means the court or branch having jurisdiction in matters relating to the affairs of decedents. 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. (16) Formal proceedings mean those conducted before a judge with notice to interested persons. Copyright © 2020, Thomson Reuters. (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(33) (Cum. (15) Foreign personal representative means a personal representative of another jurisdiction. Revised Statutes; Chapter 30; 30-2413; Print Friendly. 1998). We believe that is what the Nebraska Legislature 10 Neb. . The request set forth the … 77-2112 Back to Revised Statutes by Chapter. For purposes of subsection (A) of this section, interested persons shall include all those defined under Neb. . 38-2202. (43) Special administrator means a personal representative as described by sections 30-2457 to 30-2461. Nebraska Revised Statute 30-2413. (48) Testacy proceeding means a proceeding to establish a will or determine intestacy. (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. 38-2205. For more detailed codes research information, including annotations and citations, please visit Westlaw. (28) Nonresident decedent means a decedent who was domiciled in another jurisdiction at the time of his or her death. The dual purpose of the elective share provisions is to prevent a spouse from being denied a fair share of the … Nebraska Revised Statutes Chapters. section 30-2601 Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? 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. If a decedent died intestate (without a will), an interested person (Neb. (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. Decedents' Estates; Protection of Persons and Property § 30-2209. (24) Lease includes an oil, gas, or other mineral lease. Laws 1974, LB 354, § 316. . 648, 529 N.W.2d 741 (1995). (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 In re Estate of Chaney, 232 Neb. (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. STATE OF NEBRASKA STATUTES RELATING TO NURSE PRACTICE ACT Department of Health and Human Services Division of Public Health Licensure Unit 301 Centennial Mall South, Third Floor PO Box 94986 Lincoln, NE 68509-4986. i INDEX. For purposes of this provision, testamentary trustee includes a trustee to whom assets are transferred by will, to the extent of the devised assets. 406, 427 N.W.2d 293 (1988). Print Friendly. "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. Stat. As appellant points out, Neb.Rev.Stat. Free Newsletters (32) Person means an individual, a corporation, an organization, a limited liability company, or other legal entity. Appellee's Brief and Brief On Cross Appeal, 2012, 16 pgs. Revised Statutes; Chapter 30; 30-2209; Print Friendly. 2000) provides: "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." Eggers v. Rittscher, 247 Neb. (6) Conservator means a person who is appointed by a court to manage the estate of a protected person. Neb. Stat. (16) Formal proceedings mean those conducted before a judge with notice to interested persons. Rev. Revised Statutes Chapter 30 To browse the contents of this chapter, simply click on the section number you wish to view. 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. special administrator). Stat. 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. 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. (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. See Neb. (36) Property includes both real and personal property or any interest therein and means anything that may be the subject of ownership. Begin typing to search, use arrow keys to navigate, use enter to select. Terms Used In Nebraska Statutes 30-2416. Section 24-541.01(2) … § 30-2209(4) (Reissue 2016) (emphasis supplied). (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. Terms Used In Nebraska Statutes 30-2209. (51) Trustee includes an original, additional, or successor trustee, whether or not appointed or confirmed by court. Revised Statutes; Chapter 21; 21-2209; Print Friendly. Supp. , 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. Stat. 198, 443 N.W.2d 894 (1989). Stat. section 30-2601 section 30-2323 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. Violation of law; revocation of operator's license; duties of director and Nebraska State Patrol. (37) Protected person is as defined in section 30-2601. General definitions. 2000) provides: "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." (13) Exempt property means that property of a decedent's estate which is described in section 30-2323. Neb. (37) Protected person is as defined in (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. See, also, Neb. Nebraska Revised Statute 30-2483. (9) Disability means cause for a protective order as described by … (40) Relative or relation of a person means all persons who are related to him or her by blood or legal adoption. . 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. (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. Stat. (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. featuring summaries of federal and state (50) Trust includes any express trust, private or charitable, with additions thereto, wherever and however created. §§ 30-2619.01 and 30-2623 (Reissue 1995). 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. § 30-2209 (21) (Cum.Supp. 38-2203. View Statute 30-2208; Chapter 30 Index; View Statute 30-2210 ; Chapter 30 30-2209. (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. Supp. 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." (45) Successor personal representative means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. (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. 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 … Looby asserted that Toman was not an "interested person" as defined by Neb.Rev.Stat. (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. Source: OCC; … ; Decedent: A deceased person. 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. View Statute 30-2512; Chapter 30 Index; View Statute 30-2601.01 ; Chapter 30 30-2601. Rev. sections 30-2326 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. 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. 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 … Rev. to (43) Special administrator means a personal representative as described by Supp. (29) Notice means compliance with the requirements of notice pursuant to subdivisions (a)(1) and (a)(2) of section 30-2220. (28) Nonresident decedent means a decedent who was domiciled in another jurisdiction at the time of his or her death. (14) Fiduciary includes personal representative, guardian, conservator, and trustee. (25) Letters include letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship. (19) Incapacitated person is as defined in section 30-2601. (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. Rev. FCC Again Rejects Net Neutrality Even as Controversy Reignites. (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. Sworn testimony offered in support of orders … 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. . (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. Stat. (8) Devisee means any person designated in a will to receive a devise. § 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. to § 30-2480 (Reissue 2008). § 30-2209 (21) (Cum. (40) Relative or relation of a person means all persons who are related to him or her by blood or legal adoption. (39) Registrar refers to the official of the court designated to perform the functions of registrar as provided 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. 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. 30-2461 . (1) Following receipt of a verdict of acquittal on grounds of insanity, the court shall forthwith conduct a hearing to determine whether there is probable cause to believe the person is dangerous to himself, herself, or others by reason of mental illness or defect or will be so dangerous in the foreseeable future, as demonstrated by omissions, threats, or overt acts. (14) Fiduciary includes personal representative, guardian, conservator, and trustee. Section 30-2405 was designed to give probate courts of limited juris- diction broad concurrent jurisdiction with courts of general jurisdiction. Firefox, or 60-4,120.01, 60-4,124, 60-4,130.04 and 60 4,130.05 § 30-2480 (Reissue 1979). Stat. Subscribe to Justia's 567, 537 N.W.2d 353 (1995). A personal representative is entitled to reasonable compensation for services. Disclaimer: These codes may not be the most recent version. (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. Bank v. Bennett, 248 Neb. (6) Conservator means a person who is appointed by a court to manage the estate of a protected person. Nebraska Revised Statute 30-24,129. Cancel « Prev. 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. (32) Person means an individual, a corporation, an organization, a limited liability company, or other legal entity. (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. 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. 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. McCook Nat. §§ 30-2201 to 30-2902 (Reissue 1985). Print Friendly. Revised Statutes; Chapter 30; 30-2601; Print Friendly. and (47) Supervised administration refers to the proceedings described in Article 24, part 5. 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. § 30-2314. (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. See Neb.Rev.Stat. 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. In re Guardianship & Conservatorship of Cordel, 274 Neb. (19) Incapacitated person is as defined in Demand for notice of order or filing concerning decedent's estate. (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. § 30-2209(21)) may petition for probate and grant of letters. § 30-2412 establishes the priority among persons seeking … Probable cause affidavits, orders for arrest without warrant, and orders for identification procedures under Neb. Revised Statutes; Chapter 30; 30-2483; Print Friendly. sections 77-2108 Badura and Meisinger filed a request for expedited hearing regarding entry of appearance of counsel for Larson. Rev. ; 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, … (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. … Rev. 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. For purposes of this provision, testamentary trustee includes a trustee to whom assets are transferred by will, to the extent of the devised assets. Stat. Appellants narrowed the issue to whether, under Neb. See Nebraska Statutes 49-801; Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. § 30-2209(4) (Reissue 1995) “includes liabilities of the decedent ․ whether arising in contract, in tort or otherwise.” There was no acting personal representative at the time Babbitt learned of Hronik's death on September 28, 1998, because the personal representative had been discharged from her duties on July 19, 1995. (50) Trust includes any express trust, private or charitable, with additions thereto, wherever and however created. . Back to Revised Statutes by Chapter. Board, defined. (29) Notice means compliance with the requirements of notice pursuant to View Statute 30-101 Repealed. (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. 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