38-2205. See Nebraska Statutes 49-801; Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. All of these individuals are interested persons as defined by Neb.Rev.Stat. 11 See In re Estate of Reimer, 229 Neb. Board, defined. (36) Property includes both real and personal property or any interest therein and means anything that may be the subject of ownership. Definitions, where found. Cancel « Prev. (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. Nebraska Revised Statute 30-24,129. ; 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, … "[11] Ultimately, though, the court relied on a provision which gave standing to petition for … (8) Devisee means any person designated in a will to receive a devise. to § 30-2209(21). (28) Nonresident decedent means a decedent who was domiciled in another jurisdiction at the time of his or her death. Nebraska may have more current or accurate information. Internet Explorer 11 is no longer supported. Rev.Stat. Neb.Rev.Stat. 2014 Nebraska Revised Statutes Chapter 30 - DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY 30-2209 - General definitions. § 30-2209(33) (Cum. §30-2209(21) and §30-2619(b) and §30-2620 and §30-2628 and §30-2646 and §30-2653. NE Code § 30-2209 (2014) What's This? 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. ; Decedent: A deceased person. 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. Delegating, … Neb. Source: OCC; … (34) Petition means a written request to the court for an order after notice. §§ 30-2619.01 and 30-2623 (Reissue 1995). Assigning, defined. . 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. Print Friendly. 38-2203. View Statute 21-2208; Chapter 21 Index; View Statute 21-2210 ; Chapter 21 21-2209. (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. Stat. 38-2201. Stat. Rev. Subject to additional definitions contained in the subsequent articles which are applicable to specific articles or parts, and unless the context otherwise requires, in the Nebraska Probate Code: (1) … § 30-2209 (21) (Cum.Supp. . Looby asserted that Toman was not an “interested person” as defined by Neb.Rev.Stat. 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 … 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. The request set forth the … (19) Incapacitated person is as defined in (50) Trust includes any express trust, private or charitable, with additions thereto, wherever and however created. View Statute 30-2412; Chapter 30 Index; View Statute 30-2414 ; Chapter 30 30-2413. § 30-2209(4) (Reissue 2016) (emphasis supplied). . 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. sections 30-2326 (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. Laws 1974, LB 354, § 36, UPC § 2-202; Laws 1980, LB 694, § 4; Laws 1985, LB 293, § 1. . 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. Print Friendly. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. The 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. (18) Heirs mean those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his or her hands. For more detailed codes research information, including annotations and citations, please visit Westlaw. (52) Ward is as defined in section 30-2601. (29) Notice means compliance with the requirements of notice pursuant to subdivisions (a)(1) and (a)(2) of section 30-2220. sections 30-2457 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. (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 … Stat. 60-4,120.01, 60-4,124, 60-4,130.04 and 60 4,130.05 Laws 1974, LB 354, § 316. 121, 439 N.W.2d 764 (1989). 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. § 30-2412 establishes the priority among persons seeking … Issues not presented here are whether a nominated personal representative is either (1) included in the definition of a personal representative, Neb.Rev.Stat. Nebraska Revised Statutes Chapter 30. (27) Mortgage means any conveyance, agreement, or arrangement in which property is used as security. (13) Exempt property means that property of a decedent's estate which is described in 198, 443 N.W.2d 894 (1989). (37) Protected person is as defined in 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/ … If a decedent died intestate (without a will), an interested person (Neb. The Nebraska Probate Code is set out in Neb.Rev.Stat. The dual purpose of the elective share provisions is to prevent a spouse from being denied a fair share of the … Chapter 30 - DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY, View Previous Versions of the Nebraska Revised Statutes. § 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." 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. § 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. 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. Copyright © 2020, Thomson Reuters. featuring summaries of federal and state (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. (45) Successor personal representative means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. . (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. (52) Ward is as defined in Act, how cited. § 30-2209(21) (Reissue 1995). 38-2204. court opinions. 648, 529 N.W.2d 741 (1995). (40) Relative or relation of a person means all persons who are related to him or her by blood or legal adoption. 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. (51) Trustee includes an original, additional, or successor trustee, whether or not appointed or confirmed by court. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. 545, 741 N.W.2d 675 (2007). 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. (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. (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. (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. (32) Person means an individual, a corporation, an organization, a limited liability company, or other legal entity. Search Nebraska Revised Statutes. Cancel « Prev. 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. § 21-2,209 (Cum. 77-2112 . Rev. (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. 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." (39) Registrar refers to the official of the court designated to perform the functions of registrar as provided in section 30-2216. SECTION III: Releases A. 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. Eggers v. Rittscher, 247 Neb. (15) Foreign personal representative means a personal representative of another jurisdiction. § 30-2209 (21). (6) Conservator means a person who is appointed by a court to manage the estate of a protected person. (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. Rev. (8) Devisee means any person designated in a will to receive a devise. Revised Statutes; Chapter 30; 30-2483; Print Friendly. § 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. See Neb.Rev.Stat. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (24) Lease includes an oil, gas, or other mineral lease. (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. See, also, Neb. (5) Court means the court or branch having jurisdiction in matters relating to the affairs of decedents. §§ 30-2201 to 30-2902 (Reissue 1985). Google Chrome, All rights reserved. Rev. Print Friendly. (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. 2014) (personal representative includes . Nebraska Revised Statute 30-2483. (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. Other Materials. § 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. § 30-2209(21)) may petition for probate and grant of letters. FCC Again Rejects Net Neutrality Even as Controversy Reignites. (28) Nonresident decedent means a decedent who was domiciled in another jurisdiction at the time of his or her death. (13) Exempt property means that property of a decedent's estate which is described in section 30-2323. Print Friendly. . Decedents' Estates; Protection of Persons and Property § 30-2209. 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) (Reissue 2016), in the probate action, and that the FDIC-R withdraws its request that the Estate remain open. (36) Property includes both real and personal property or any interest therein and means anything that may be the subject of ownership. Neb.Rev.Stat. We believe that is what the Nebraska Legislature 10 Neb. Revised Statutes; Chapter 30; 30-2601; Print Friendly. Badura and Meisinger filed a request for expedited hearing regarding entry of appearance of counsel for Larson. section 30-2323 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. McCook Nat. Revised Statutes; Chapter 30; 30-24,129; 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 … (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. Subscribe to Justia's Definitions and use of terms. . § 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. (14) Fiduciary includes personal representative, guardian, conservator, and trustee. A claim under Neb.Rev.Stat. Laws 1974, LB 354, § 316. (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. Please check official sources. Search by Keyword or Citation; Search by Keyword or Citation . Rev. Stat. Rev. Appellants narrowed the issue to whether, under Neb. 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. (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. Begin typing to search, use arrow keys to navigate, use enter to select. sections 77-2108 Stat. Section 30-2405 was designed to give probate courts of limited juris- diction broad concurrent jurisdiction with courts of general jurisdiction. (24) Lease includes an oil, gas, or other mineral lease. (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. (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. Rev. (19) Incapacitated person is as defined in section 30-2601. Section 30-2217 provides that appellate review under the code is governed by Neb.Rev.Stat. Decedents' Estates; Protection of Persons and Property § 30-2209. Decedents' Estates; Protection of Persons and Property, Read this complete Nebraska Revised Statutes Chapter 30. the claims asserted by the FDIC-R against the deceased, that the FDIC-R is therefore no longer an "interested person" under the Nebraska Probate Code, Neb. (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. Badura and Meisinger filed a request for expedited hearing regarding entry of appearance of counsel for Larson. Rev. (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. (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. Motor Vehicles § 60-496. 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. Nebraska. Supp. Stat. § 30-2314. section 30-2601 Neb. Supp. (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 … (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. The request set forth the … 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." Revised Statutes; Chapter 30; 30-2209; Print Friendly. (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. 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." Demand for notice of order or filing concerning decedent's estate. (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. Supp. Nebraska Revised Statutes Chapter 60. In re Estate of Chaney, 232 Neb. Terms Used In Nebraska Statutes 30-2416. (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. Revised Statutes Chapter 30 To browse the contents of this chapter, simply click on the section number you wish to view. As appellant points out, Neb.Rev.Stat. (9) Disability means cause for a protective order as described by section 30-2630. As appellant points out, Neb.Rev.Stat. section 30-2601 . Print Friendly. (27) Mortgage means any conveyance, agreement, or arrangement in which property is used as security. to (43) Special administrator means a personal representative as described by sections 30-2457 to 30-2461. § 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. For purposes of this provision, testamentary trustee includes a trustee to whom assets are transferred by will, to the extent of the devised assets. 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. (14) Fiduciary includes personal representative, guardian, conservator, and trustee. § 30-2209(21) (Reissue 1995). (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. Search Nebraska Revised Statutes. (1) A professional corporation may provide professional services in another jurisdiction if such corporation complies with all applicable laws of … § 30-2209 (21) (Cum. (42) Settlement, in reference to a decedent's estate, includes the full process of administration, distribution, and closing. It also includes persons having priority for appointment as personal representative, and other fiduciaries representing interested persons. (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. View Statute 30-2482; Chapter 30 Index; View Statute 30-2484 ; Chapter 30 30-2483. § 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. Delegating, … section 30-2405 was designed to give probate courts of juris-. 21-2208 ; Chapter 30 Index ; view Statute 30-2601.01 ; Chapter 30 ; 30-2483 ; Print Friendly by! And grant of letters appointed by a court to manage the estate a... 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And trustee 43 ) Special administrator means a written request to the official of the law in your.. Of federal and state court opinions Reissue 2016 ) ( Reissue 1995 ), the. By Neb.Rev.Stat Statute 30-2210 ; Chapter 21 Index ; view Statute 30-2482 ; Chapter 30-2209.