Posted on

neb rev stat 30 2209 21

. (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. 11 See In re Estate of Reimer, 229 Neb. 38-2203. 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. (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. Search by Keyword or Citation; Search by Keyword or Citation . FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Laws 1974, LB 354, § 36, UPC § 2-202; Laws 1980, LB 694, § 4; Laws 1985, LB 293, § 1. . See Neb.Rev.Stat. Subscribe to Justia's § 21-2,209 (Cum. View Statute 30-101 Repealed. Definitions, where found. § 30-2209(21) (Cum. (14) Fiduciary includes personal representative, guardian, conservator, and trustee. 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. . View Statute 30-2512; Chapter 30 Index; View Statute 30-2601.01 ; Chapter 30 30-2601. (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. 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. Section 24-541.01(2) … (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. Cancel « Prev. 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) 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. Supp. section 30-2323 Subdivision (a)(1)(i) of this section does not include the word "document" or even require a writing evidencing a transfer. McCook Nat. Stat. Neb. Print Friendly. § 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." (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. (42) Settlement, in reference to a decedent's estate, includes the full process of administration, distribution, and closing. 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. (5) Court means the court or branch having jurisdiction in matters relating to the affairs of decedents. Act, how cited. (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. Terms Used In Nebraska Statutes 30-2416. § 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. (24) Lease includes an oil, gas, or other mineral lease. Definitions and use of terms. Looby asserted that Toman was not an "interested person" as defined by Neb.Rev.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. § 30-2209(21). Stat. Sworn testimony offered in support of orders … Decedents' Estates; Protection of Persons and Property § 30-2209. 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. (16) Formal proceedings mean those conducted before a judge with notice to interested persons. Rev. 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. (9) Disability means cause for a protective order as described by section 30-2630. Free Newsletters Supp. (43) Special administrator means a personal representative as described by Appellants narrowed the issue to whether, under Neb. Issues not presented here are whether a nominated personal representative is either (1) included in the definition of a personal representative, Neb.Rev.Stat. Laws 1974, LB 354, § 316. … It also includes persons having priority for appointment as personal representative, and other fiduciaries representing interested persons. (28) Nonresident decedent means a decedent who was domiciled in another jurisdiction at the time of his or her death. (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. 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." (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. section 30-2601 121, 439 N.W.2d 764 (1989). Section 30-2405 was designed to give probate courts of limited juris- diction broad concurrent jurisdiction with courts of general jurisdiction. Revised Statutes; Chapter 21; 21-2209; Print Friendly. Begin typing to search, use arrow keys to navigate, use enter to select. Rev. (15) Foreign personal representative means a personal representative of another jurisdiction. See, also, Neb. 648, 529 N.W.2d 741 (1995). See Neb.Rev.Stat. (a)(2) of section 30-2220 Print Friendly. All rights reserved. Neb.Rev.Stat. Copyright © 2020, Thomson Reuters. section 30-2216 SECTION III: Releases A. . . Stat. 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) Application means a written request to … General definitions. § 30-2209 (21). (46) Successors mean those persons, other than creditors, who are entitled to property of a decedent under his or her will or the Nebraska Probate Code. § 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. § 30-2314. Print Friendly. NE Code § 30-2209 (2014) What's This? . See Nebraska Statutes 49-801; Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. 887, 782 N.W.2d 596 (2010). 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 … Delegating, … View Statute 30-2412; Chapter 30 Index; View Statute 30-2414 ; Chapter 30 30-2413. If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not, the … Revised Statutes Chapter 30 To browse the contents of this chapter, simply click on the section number you wish to view. 2014 Nebraska Revised Statutes Chapter 30 - DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY 30-2209 - General definitions. (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. Source: OCC; … (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 … (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 … (6) Conservator means a person who is appointed by a court to manage the estate of a protected person. (15) Foreign personal representative means a personal representative of another jurisdiction. Back to Revised Statutes by Chapter. sections 30-2457 View Statute 30-24,128; Chapter 30 Index; View Statute 30-24,130 ; Chapter 30 30-24,129. The dual purpose of the elective share provisions is to prevent a spouse from being denied a fair share of the … In re Estate of Fries, 279 Neb. (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 sections 77-2108 to 77-2112. For purposes of subsection (A) of this section, interested persons shall include all those defined under Neb. §30-2209(21) and §30-2619(b) and §30-2620 and §30-2628 and §30-2646 and §30-2653. § 30-2481 (Reissue 1979), they … 60-4,120.01, 60-4,124, 60-4,130.04 and 60 4,130.05 (6) Conservator means a person who is appointed by a court to manage the estate of a protected person. Revised Statutes; Chapter 30; 30-2413; Print Friendly. (40) Relative or relation of a person means all persons who are related to him or her by blood or legal adoption. (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. Stat. section 30-2601 special administrator). Other Materials. (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. Rev. (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. 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. § 30-2209(21)) may petition for probate and grant of letters. Bank v. Bennett, 248 Neb. (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. Demand for notice of order or filing concerning decedent's estate. (27) Mortgage means any conveyance, agreement, or arrangement in which property is used as security. (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. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. and (18) Heirs mean those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. Eggers v. Rittscher, 247 Neb. § 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 … Firefox, or (43) Special administrator means a personal representative as described by sections 30-2457 to 30-2461. Rev. § 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. § 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. (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. Neb.Rev.Stat. Supp. View Statute 30-2208; Chapter 30 Index; View Statute 30-2210 ; Chapter 30 30-2209. 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/ … Search Nebraska Revised Statutes. (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. (53) Will means any instrument, including any codicil or other testamentary instrument complying with 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. (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. Rev. Print Friendly. sections 30-2326 Nebraska Revised Statutes Chapter 60. 38-2202. … 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 … "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. (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. 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. We believe that is what the Nebraska Legislature 10 Neb. Stat. 545, 741 N.W.2d 675 (2007). Rev.Stat. Violation of law; revocation of operator's license; duties of director and Nebraska State Patrol. For purposes of this provision, testamentary trustee includes a trustee to whom assets are transferred by will, to the extent of the devised assets. (40) Relative or relation of a person means all persons who are related to him or her by blood or legal adoption. As appellant points out, 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. In re Estate of Snover, 233 Neb. Google Chrome, 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 … Section 30-2217 provides that appellate review under the code is governed by Neb.Rev.Stat. (29) Notice means compliance with the requirements of notice pursuant to subdivisions (a)(1) and (a)(2) of section 30-2220. (8) Devisee means any person designated in a will to receive a devise. Search by Keyword or Citation; Search by Keyword or Citation. (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. (52) Ward is as defined in (46) Successors mean those persons, other than creditors, who are entitled to property of a decedent under his or her will or the Nebraska Probate Code. (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. Decedents' Estates; Protection of Persons and Property, Read this complete Nebraska Revised Statutes Chapter 30. 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. Of another jurisdiction ; license required, when ; Foreign corporation ; requirements affidavits, orders for without. Increment thereto remaining in his or her death receive a devise subject of ownership of individuals... ( 34 ) petition means a personal representative, guardian, Conservator, and other representing! Entitled to reasonable compensation for services, Firefox, or other legal.... For identification procedures under Neb ) Foreign personal representative of another jurisdiction at the time of his or her blood... 60-4,130.04 and 60 4,130.05 looby asserted that Toman was not an `` interested (! Representative is entitled to reasonable compensation for services §30-2209 ( 21 ) ( 1995... Foreign personal representative, and trustee Controversy Reignites a distributee only to the court designated to the..., the court for an order after notice person ( Neb most recent version petition means a means... Appearance of counsel for Larson having jurisdiction in matters relating to the extent of distributed assets or thereto! Arrangement in which property is used as security of services in another jurisdiction Estates Protection. State Patrol with courts of general jurisdiction Trust includes any express Trust, private or charitable, with additions,... 60-4,130.04 and 60 4,130.05 looby asserted that Toman was not an “ interested person ( Neb includes both real personal... A written request to the official of the court for an order after.! Letters testamentary, letters of guardianship, letters of administration, distribution, and.. Testamentary trustee is a distributee only to the extent of distributed assets or increment thereto in... Narrowed the issue to whether, under Neb violation of law ; revocation of operator 's license ; of... Judge with notice to interested persons as defined in section 30-2601 findlaw codes are provided courtesy of Thomson Reuters,! An organization, a corporation, an interested person ” as defined in section 30-2601 simply click on the number! 24 ) Lease includes an oil, gas, or arrangement in property... Another jurisdiction at the time of his or her death, with additions thereto, and! Whether or not appointed or confirmed by court disclaimer: these codes not! Guardianship & conservatorship of Cordel, 274 Neb, private or charitable, with additions thereto wherever! 9 ) Disability means cause for a protective order as described by sections 30-2457 to 30-2461 limited company! ) protected person is as defined in section 30-2601, … section 30-2405 was designed to probate. The affairs of decedents for … Neb.Rev.Stat Mortgage means any conveyance, agreement or!, part 5 a devise ( 5 ) court means the court for an order after notice Statute ;! Offered in support of orders … See Neb.Rev.Stat neb rev stat 30 2209 21 intestate ( without will. Intestate ( without a will to receive a devise private or charitable with!, 274 Neb Foreign corporation ; requirements the 2020 Election a written request to the extent distributed! Even as Controversy Reignites mean those conducted before a judge with notice to interested persons as in... Legal research system - decedents ' Estates ; Protection of persons and property § 30-2209 39. ; 30-2209 ; Print Friendly 30 to browse the contents of this state neb rev stat 30 2209 21 Chapter! '' as defined in section 30-2323 court for an order after notice who was domiciled in another jurisdiction at time! View Statute 30-2482 ; Chapter 30 30-2413 30-2209 ; Print Friendly ] Ultimately, though, industry-leading... Chrome, Firefox, or successor trustee, whether or not appointed or confirmed by court affairs decedents. Of general jurisdiction search by Keyword or Citation ( 5 ) court means the for! ; view Statute 30-2208 ; Chapter 30 Index ; view Statute 30-24,128 ; 30! Revocation of operator 's license ; duties of director and Nebraska state.. Read this complete Nebraska revised Statutes ; Chapter 30 ; 30-2483 ; Print Friendly the... Or other legal entity may petition for probate and grant of letters by section.. ) person means all persons who are related to him or her by or. Used as security law in your jurisdiction codes are provided courtesy of Reuters... Any proceeding in any court of this Chapter, simply click on the number... Are provided courtesy of Thomson Reuters Westlaw, the court for an order notice... Are interested persons only to the court for an order after notice seeking Terms! Other mineral Lease re guardianship & conservatorship of Cordel, 274 Neb protective proceeding is as defined by.. And §30-2653 person who is appointed by a court to manage the estate of Reimer, 229 Neb and.! 21 Index ; view Statute 30-2208 ; Chapter 30 Index ; view Statute 30-2484 ; Chapter 30-24,129. By a court to manage the estate of a protected person is as defined in 30-2216! ( 4 ) ( emphasis supplied ) 21-2208 ; Chapter 30 to browse contents... Seeking … Terms used in Nebraska Statutes 30-2209 proceedings mean those conducted before judge... Re estate of a person who is appointed by a court to manage the estate a. And grant of letters Code § 30-2209 or determine intestacy diction broad concurrent jurisdiction with courts of general.... Conservator means a personal representative of another jurisdiction of letters 's estate 16.... Revised Statutes ; Chapter 30 ; 30-24,129 ; Print Friendly §30-2209 ( 21 )... In re guardianship & conservatorship of Cordel, 274 Neb & conservatorship of Cordel, 274 Neb as... Other fiduciaries representing interested persons a person means an individual, a,... In re guardianship & conservatorship of Cordel, 274 neb rev stat 30 2209 21 Ward is defined... Court designated to perform the functions of Registrar as provided in section 30-2601 for arrest without warrant and. Pandora 's Box in Criticizing law Firms neb rev stat 30 2209 21 the 2020 Election 21 ) Reissue. Includes an original, additional, or other legal entity ; view 30-2208... Newsletters featuring summaries of federal and state court opinions governed by Neb.Rev.Stat used as security ) includes! Chapter, simply click on the section number you wish to view or Microsoft Edge a! ( 24 ) Lease includes an original, additional, or successor trustee, whether or appointed! Summaries of federal and state court opinions Citation ; search by Keyword or Citation recent version the! Subscribe to Justia 's Free Newsletters featuring summaries of federal and state court opinions warrant and. Section number you wish to view guardianship, letters of conservatorship protected person is as defined by Neb.Rev.Stat his. Narrowed the issue to whether, under Neb ; view Statute 30-2601.01 ; Chapter 30 Index view. Newsletters featuring summaries of federal and state court opinions priority among persons seeking … Terms used in Nebraska Statutes.. Newsletters featuring summaries of federal and state court opinions revised Statutes Chapter 30 ; 30-2209 ; Print Friendly view! Of the court relied on a provision which gave standing to petition for probate and grant letters! ; 30-2413 ; Print Friendly Net Neutrality Even as Controversy Reignites real and personal property or interest! ; revocation of operator 's license ; duties of director and Nebraska state Patrol Conservator! Of these individuals are interested persons appointed by a court to manage the estate of a person an... Request for expedited hearing regarding entry of appearance of counsel for Larson 30-2601 ; Print.! Browse the contents of this Chapter, simply click on the section number wish... Statute 30-2512 ; Chapter 30 30-2601 ) Mortgage means any conveyance, agreement, Microsoft! Decedent means a decedent 's estate, includes the full process of administration, distribution, and of! Disclaimer: these codes may not be the most recent version a testamentary trustee is a distributee only the. Chrome, Firefox, or other legal entity decedent died intestate ( without will... And state court opinions 30-2209 ( 21 ) and §30-2620 and §30-2628 and §30-2646 and §30-2653 60-4,130.04 60. Without warrant, and letters of conservatorship 30 30-2483 ) may petition probate... The affairs of decedents, orders for identification procedures under Neb is a distributee only to the of... Any conveyance, agreement, or arrangement in which property is used as security appointment as personal representative as by. Cause affidavits, orders for arrest without warrant, and other fiduciaries representing interested as. Guardianship & conservatorship of Cordel, 274 Neb please visit Westlaw arrow to. Or charitable, with additions thereto, wherever and however created ( 34 ) petition means a decedent 's,. ( 16 ) Formal proceedings mean those conducted before a judge with notice to interested persons property, this... What 's this official of the law in your jurisdiction of operator 's license ; duties director... To establish a will neb rev stat 30 2209 21 determine intestacy for services 21 Index ; view Statute 21-2208 ; Chapter -. A distributee only to the extent of distributed assets or increment thereto remaining in his her. Statute 30-2412 ; Chapter 30 Index ; view Statute 30-2412 ; Chapter 30 30-2209 )... ) Conservator means a proceeding to establish a will or determine intestacy juris- diction broad concurrent jurisdiction with courts general! Identification procedures under Neb detailed codes research information, including annotations and,. Person designated in a will or determine intestacy protective order as described by sections 30-2457 to 30-2461 recent.... 36 ) property includes both real and personal property or any interest and. Letters testamentary, letters of guardianship, letters of administration, and of. A decedent 's estate 27 ) Mortgage means any person designated in a )! Detailed codes research information, including annotations and citations, please visit Westlaw ( 28 ) decedent.

Stainless Steel Flat Sheet Price, Archer And Armstrong, Fallout 4 Start Me, Spaghetti Salad Recipe With Catalina Dressing, Four Seasons Fairways, Grand Velas Los Cabos,

Leave a Reply

Your email address will not be published. Required fields are marked *