reglab/housing_qa huggingface dataset:
NE Code § 30-2474 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2474 - Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.

30-2474.  Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.Any sale or encumbrance to the personal representative, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless(1) the will or a contract entered into by the decedent expressly authorized the transaction; or(2) the transaction is approved by the court after notice to interested persons.Source  Laws 1974, LB 354, § 152, UPC § 3-713. Annotations Evidence presented before a county court as to the amount which should be allowed by the court to reimburse an administratrix for expenses incurred in maintaining the decedent's cattle operation as an asset of decedent's estate where the administratrix was dealing with herself as landowner on which land the cattle grazed was not a contract as prohibited under this section as no money changed hands until after the reimbursement was presented to the court for approval with notice given to all interested parties. In re Estate of Kennedy, 220 Neb. 212, 369 N.W.2d 63 (1985).
NE Code § 30-2475 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2475 - Persons dealing with personal representative; protection.

30-2475.  Persons dealing with personal representative; protection.A person who in good faith either assists a personal representative or deals with him for value is protected as if the personal representative properly exercised his power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in section 30-2442, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.Source  Laws 1974, LB 354, § 153, UPC § 3-714.
NE Code § 30-2477 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2477 - Powers and duties of successor personal representative.

30-2477.  Powers and duties of successor personal representative.A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but he shall not exercise any power expressly made personal to the executor named in the will.Source  Laws 1974, LB 354, § 155, UPC § 3-716.
NE Code § 30-2478 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2478 - Corepresentatives; when joint action required.

30-2478.  Corepresentatives; when joint action required.If two or more persons are appointed corepresentatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any corepresentative receives and receipts for property due the estate, when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, when a corepresentative has been delegated to act for the others, or as provided in section 30-901. Persons dealing with a corepresentative, if actually unaware that another has been appointed to serve with him or her or if advised by the personal representative with whom they deal that he or she has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative.Source   Laws 1974, LB 354, § 156, UPC § 3-717;  Laws 2019, LB55, § 1.
NE Code § 30-2479 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2479 - Powers of surviving personal representative.

30-2479.  Powers of surviving personal representative.Unless the terms of the will otherwise provide, every power exercisable by personal corepresentatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as coexecutors is not appointed, those appointed may exercise all the powers incident to the office.Source  Laws 1974, LB 354, § 157, UPC § 3-718.
NE Code § 30-2480 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2480 - Compensation of personal representative.

30-2480.  Compensation of personal representative.A personal representative is entitled to reasonable compensation for his services. If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, he may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce his right to all or any part of the compensation. A written renunciation of fee may be filed with the court.Source  Laws 1974, LB 354, § 158, UPC § 3-719. Annotations  A personal representative’s right to reasonable compensation under this section exists independently of the rights of the estate. In re Estate of Gsantner, 288 Neb. 222, 846 N.W.2d 646 (2014). It is within a trial court’s discretion to weigh the factors that are relevant to a determination of the reasonableness of a fee. In re Estate of Gsantner, 288 Neb. 222, 846 N.W.2d 646 (2014). The factors in section 30-2482 provide an indication of what facts the Legislature intended to be considered when determining a reasonable fee. In re Estate of Gsantner, 288 Neb. 222, 846 N.W.2d 646 (2014).
NE Code § 30-2481 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2481 - Expenses in estate litigation.

30-2481.  Expenses in estate litigation.If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not he is entitled to receive from the estate his necessary expenses and disbursements including reasonable attorneys' fees incurred.Source  Laws 1974, LB 354, § 159, UPC § 3-720. Annotations  The Nebraska Probate Code does not authorize attorney fees for a surviving spouse. A surviving spouse also acting as the personal representative is not entitled to attorney fees for legal actions that she took while she was not the personal representative and that were directed at obtaining assets that did not benefit the estate or come under its administration. In re Estate of Chrisp, 276 Neb. 966, 759 N.W.2d 87 (2009). Good faith for the purpose of this section is honesty in fact concerning conduct or a transaction, and is distinguished from mere negligence or honest mistake. Whether successful or not, a personal representative or person nominated as personal representative is entitled to receive his necessary expenses, including attorney fees, when he prosecutes or defends any proceeding in good faith. In re Estate of Watkins, 243 Neb. 583, 501 N.W.2d 292 (1993). Fees allowed in probate proceedings under this section to persons nominated as personal representatives under a will are administration expenses and need not be paid pursuant to the probate claim statutes. In re Estate of Reimer, 229 Neb. 406, 427 N.W.2d 293 (1988). The good faith required in this section is an ultimate fact for the court's determination upon all of the evidence. There are no rules defining it, rather, it depends upon the peculiar facts and circumstances existing in each case. In re Estate of Odineal, 220 Neb. 168, 368 N.W.2d 800 (1985).
NE Code § 30-2483 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2483 - Notice to creditors.

30-2483.  Notice to creditors.(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 appointment of a personal representative shall publish a notice once a week for three successive weeks in a newspaper of general circulation in the county announcing the appointment and the address of the personal representative, and notifying creditors of the estate to present their claims within two months after the date of the first publication of the notice or be forever barred. The first publication shall be made within thirty days after the appointment. The party instituting or maintaining the proceeding or his or her attorney is required to mail the published notice and give proof thereof in accordance with section 25-520.01.(b) If the decedent was fifty-five years of age or older or resided in a medical institution as defined in subsection (1) of section 68-919, the notice shall also be provided to the Department of Health and Human Services with the decedent's social security number and, if the decedent was predeceased by a spouse, the name and social security number of such spouse. The notice shall be provided to the department in a delivery manner and at an address designated by the department, which manner may include email. The department shall post the acceptable manner of delivering notice on its website. Any notice that fails to conform with such manner is void.Source   Laws 1974, LB 354, § 161, UPC § 3-801;   Laws 1978, LB 650, § 18;  Laws 2008, LB928, § 1;  Laws 2017, LB268, § 3;  Laws 2019, LB593, § 1.  Annotations  The 3-year limitations period of section 30-2485(a)(2) applied to the Department of Health and Human Services' Medicaid estate recovery claim because the personal representative failed to send notice to the department within 5 days of the date on which notice to creditors was first published, as required by this section and section 25-520.01. In re Estate of Cushing, 283 Neb. 571, 810 N.W.2d 741 (2012). This section requires notice to be sent to the Department of Health and Human Services under certain circumstances. To comply with this requirement, notice must be sent in accordance with section 25-520.01. In re Estate of Cushing, 283 Neb. 571, 810 N.W.2d 741 (2012).
NE Code § 30-2484 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2484 - Statutes of limitations.

30-2484.  Statutes of limitations.Unless an estate is insolvent the personal representative, with the consent of all successors, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid. The running of any statute of limitations measured from some other event than death and advertisement for claims against a decedent is suspended during the two months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow. For purposes of any statute of limitations, the proper presentation of a claim under section 30-2486 is equivalent to commencement of a proceeding on the claim.Source  Laws 1974, LB 354, § 162, UPC § 3-802.Annotations Filing a claim against an estate with the clerk of the court is equivalent to the commencement of a proceeding on the claim. Mulinix v. Roberts, 261 Neb. 800, 626 N.W.2d 220 (2001).
NE Code § 30-2487 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2487 - Payment of claims; order.

30-2487.  Payment of claims; order.(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:(1) Costs and expenses of administration;(2) Reasonable funeral expenses;(3) Debts and taxes with preference under federal law;(4) Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent and claims filed by the Department of Health and Human Services pursuant to section 68-919;(5) Debts and taxes with preference under other laws of this state;(6) All other claims.(b) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.(c) For purposes of this section and section 30-2485, costs and expenses of administration includes expenses incurred in taking possession or control of estate assets and the management, protection, and preservation of the estate assets, expenses related to the sale of estate assets, and expenses in the day-to-day operation and continuation of business interests for the benefit of the estate.Source   Laws 1974, LB 354, § 165, UPC § 3-805;   Laws 1975, LB 481, § 17;   Laws 1994, LB 1224, § 40;   Laws 1996, LB 1044, § 90;  Laws 2006, LB 1248, § 53;  Laws 2007, LB296, § 49;  Laws 2009, LB35, § 21.
NE Code § 30-2489 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2489 - Payment of claims.

30-2489.  Payment of claims.(a) Upon the expiration of two months from the date of the first publication of the notice to creditors, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making allowance for costs and expenses of administration and after making provision for homestead, family and support allowances, for claims already presented which have not yet been allowed or whose allowance has been appealed, and for unbarred claims which may yet be presented. By petition to the court in a proceeding for the purpose, or by appropriate motion if the administration is supervised, a claimant whose claim has been allowed but not paid as provided herein may secure an order directing the personal representative to pay the claim to the extent that funds of the estate are available for the payment.(b) The personal representative at any time may pay any enforceable claim which has not been barred, with or without formal presentation, but he is personally liable to any other claimant whose claim is allowed and who is injured by such payment if(1) the payment was made before the expiration of the time limit stated in subsection (a) and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or(2) the payment was made, due to the negligence or willful fault of the personal representative, in such manner as to deprive the injured claimant of his priority.Source   Laws 1974, LB 354, § 167, UPC § 3-807;   Laws 1978, LB 650, § 19.  Annotations A petition requesting an order to direct the personal representative to pay a claim that has been allowed but not paid may only be brought in the county court. Kerrigan & Line v. Foote, 5 Neb. App. 397, 558 N.W.2d 837 (1997).
NE Code § 30-2490 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2490 - Individual liability of personal representative.

30-2490.  Individual liability of personal representative.(a) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract.(b) A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he is personally at fault.(c) Claims based on contracts entered into by a personal representative in his fiduciary capacity, on obligations arising from ownership or control of the estate or on torts committed in the course of estate administration, may be asserted against the estate by proceeding against the personal representative in his fiduciary capacity, whether or not the personal representative is individually liable therefor.(d) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding.Source  Laws 1974, LB 354, § 168, UPC § 3-808. Annotations Under subsection (a) of this section, it is the personal representative's duty to disclose his or her representative capacity in order to avoid personal liability in contract, and the personal representative bears the burden of proof on this issue. Purbaugh v. Jurgensmeier, 240 Neb. 679, 483 N.W.2d 757 (1992).
NE Code § 30-2491 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2491 - Secured claims.

30-2491.  Secured claims.Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security; otherwise payment is upon the basis of one of the following:(1) if the creditor exhausts his security before receiving payment, upon the amount of the claim allowed less the fair value of the security; or(2) if the creditor does not have the right to exhaust his security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise or litigation.Source  Laws 1974, LB 354, § 169, UPC § 3-809.
NE Code § 30-2492 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2492 - Claims not due and contingent or unliquidated claims.

30-2492.  Claims not due and contingent or unliquidated claims.(a) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class.(b) In other cases the personal representative or, on petition of the personal representative or the claimant in a special proceeding for the purpose, the court may provide for payment as follows:(1) if the claimant consents, he may be paid the present or agreed value of the claim, taking any uncertainty into account;(2) arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise.Source  Laws 1974, LB 354, § 170, UPC § 3-810.
NE Code § 30-2493 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2493 - Counterclaims.

30-2493.  Counterclaims.In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.Source  Laws 1974, LB 354, § 171, UPC § 3-811.
NE Code § 30-2494 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2494 - Execution and levies prohibited.

30-2494.  Execution and levies prohibited.No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges or other liens existing at the time of death upon real or personal property in an appropriate proceeding.Source  Laws 1974, LB 354, § 172, UPC § 3-812.Annotations A judgment lien on the proceeds from a sale is not a claim subject to the provisions of the Nebraska Probate Code. A judgment lien against decedent in existence prior to the death of decedent falls within this exclusion of the Nebraska Probate Code. McCook Nat. Bank v. Bennett, 248 Neb. 567, 537 N.W.2d 353 (1995).
NE Code § 30-2495 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2495 - Compromise of claims.

30-2495.  Compromise of claims.When a claim against the estate has been presented, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.Source  Laws 1974, LB 354, § 173, UPC § 3-813.
NE Code § 30-2496 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2496 - Encumbered assets.

30-2496.  Encumbered assets.If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of his lien, in whole or in part, whether or not the holder of the encumbrance has filed a claim, if it appears to be for the best interest of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration.Source  Laws 1974, LB 354, § 174, UPC § 3-814.Annotations Personal representative has discretion to satisfy an encumbrance immediately if it is in the best interests of the estate. McCook Nat. Bank v. Bennett, 248 Neb. 567, 537 N.W.2d 353 (1995).