reglab/housing_qa huggingface dataset:
NE Code § 30-3857 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3857 - (UTC 701) Accepting or declining trusteeship.

30-3857.  (UTC 701) Accepting or declining trusteeship.(UTC 701) (a) Except as otherwise provided in subsection (c) of this section, a person designated as trustee accepts the trusteeship:(1) by substantially complying with a method of acceptance provided in the terms of the trust;(2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship; or(3) by registering the trust in accordance with established statutory procedures.(b) A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have rejected the trusteeship.(c) A person designated as trustee, without accepting the trusteeship, may:(1) act to preserve the trust property if, within a reasonable time after acting, the person sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary; and(2) inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.Source Laws 2003, LB 130, § 57.
NE Code § 30-3858 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3858 - (UTC 702) Trustee's bond.

30-3858.  (UTC 702) Trustee's bond.(UTC 702) (a) A trustee shall give bond to secure performance of the trustee's duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement.(b) The court may specify the amount of a bond, its liabilities, and whether sureties are necessary. The court may modify or terminate a bond at any time.(c) A bank or trust company qualified to act as a trustee in this state need not give bond, even if required by the terms of the trust.Source Laws 2003, LB 130, § 58.
NE Code § 30-3859 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3859 - (UTC 703) Cotrustees.

30-3859.  (UTC 703) Cotrustees.(UTC 703) (a) Cotrustees who are unable to reach a unanimous decision may act by majority decision, except that any cotrustee may act independently as provided in section 30-901.(b) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.(c) Subject to section 30-4312, a cotrustee must participate in the performance of a trustee's function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law, or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another trustee.(d) If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.(e) A trustee may not delegate to a cotrustee the performance of a function the settlor reasonably expected the trustees to perform jointly. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made.(f) Except as otherwise provided in subsection (g) of this section, a trustee who does not join in an action of another trustee is not liable for the action.(g) Subject to section 30-4312, each trustee shall exercise reasonable care to:(1) prevent a cotrustee from committing a serious breach of trust; and(2) compel a cotrustee to redress a serious breach of trust.(h) A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust.Source  Laws 2003, LB 130, § 59;  Laws 2019, LB55, § 4;  Laws 2019, LB536, § 23.  Annotations  A trustee is liable for the action of another trustee if he joins in the action, fails to prevent the cotrustee from committing a serious breach of trust, or fails to compel the cotrustee to redress a serious breach of trust. In re Conservatorship of Abbott, 295 Neb. 510, 890 N.W.2d 469 (2017). Where one cotrustee also acts as a power of attorney for a second cotrustee in managing trust affairs, that cotrustee is considered to join in all actions of the second cotrustee and may owe certain fiduciary duties as a result. In re Conservatorship of Abbott, 295 Neb. 510, 890 N.W.2d 469 (2017).
NE Code § 30-3860 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3860 - (UTC 704) Vacancy in trusteeship; appointment of successor.

30-3860.  (UTC 704) Vacancy in trusteeship; appointment of successor.(UTC 704) (a) A vacancy in a trusteeship occurs if:(1) a person designated as trustee rejects the trusteeship;(2) a person designated as trustee cannot be identified or does not exist;(3) a trustee resigns;(4) a trustee is disqualified or removed;(5) a trustee dies; or(6) a guardian or conservator is appointed for an individual serving as trustee.(b) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.(c) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority:(1) by a person designated in the terms of the trust to act as successor trustee;(2) by a person appointed by unanimous agreement of the qualified beneficiaries; or(3) by a person appointed by the court.(d) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority:(1) by a person designated in the terms of the trust to act as successor trustee;(2) by a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust if the Attorney General concurs in the selection; or(3) by a person appointed by the court.(e) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.Source Laws 2003, LB 130, § 60.
NE Code § 30-3861 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3861 - (UTC 705) Resignation of trustee.

30-3861.  (UTC 705) Resignation of trustee.(UTC 705) (a) A trustee may resign:(1) upon at least thirty days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or(2) with the approval of the court.(b) In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.(c) Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation.Source Laws 2003, LB 130, § 61.
NE Code § 30-3862 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3862 - (UTC 706) Removal of trustee.

30-3862.  (UTC 706) Removal of trustee.(UTC 706) (a) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.(b) The court may remove a trustee if:(1) the trustee has committed a serious breach of trust;(2) lack of cooperation among cotrustees substantially impairs the administration of the trust;(3) because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or(4) there has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.(c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under subsection (b) of section 30-3890 as may be necessary to protect the trust property or the interests of the beneficiaries.Source Laws 2003, LB 130, § 62.Annotations  Removal of bank as trustee was inconsistent with material purpose of trust, where bank was selected because settlor wanted a trustee that was independent, and settlor did not want trustee that was a part of settlor's family. In re Trust Created by Fenske, 303 Neb. 430, 930 N.W.2d 43 (2019). Where two trusts share the same beneficiaries, trustee, and trust instrument and removal of the trustee for breach of fiduciary duty was appropriate for one of the trusts, a county court has the power in equity to determine if it is in the best interests of the beneficiaries to remove the trustee of the second trust. In re Conservatorship of Abbott, 295 Neb. 510, 890 N.W.2d 469 (2017). A proceeding initiated under section 30-3814 and this section to remove a trustee is a special proceeding within the meaning of section 25-1902. In re Trust of Rosenberg, 269 Neb. 310, 693 N.W.2d 500 (2005). The court has the authority to remove a trustee if the trustee has engaged in self-dealing. Sherman v. Sherman, 16 Neb. App. 766, 751 N.W.2d 168 (2008). The trial court did not refer to language of this section in finding that the cotrustee should be removed but made several factual findings supporting removal under this section, and the appellate court concluded that the cotrustee's actions when considered together justified removal of the cotrustee under this section. In re Charles C. Wells Revocable Trust, 15 Neb. App. 624, 734 N.W.2d 323 (2007).
NE Code § 30-3863 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3863 - (UTC 707) Delivery of property by former trustee.

30-3863.  (UTC 707) Delivery of property by former trustee.(UTC 707) (a) Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.(b) A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the cotrustee, successor trustee, or other person entitled to it.(c) Title to all trust property shall be owned by and vested in any successor trustee without any conveyance, transfer, or assignment by the prior trustee.Source Laws 2003, LB 130, § 63.
NE Code § 30-3864 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3864 - (UTC 708) Compensation of trustee.

30-3864.  (UTC 708) Compensation of trustee.(UTC 708) (a) If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances.(b) If the terms of a trust specify the trustee's compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if:(1) the duties of the trustee are substantially different from those contemplated when the trust was created; or(2) the compensation specified by the terms of the trust would be unreasonably low or high.Source Laws 2003, LB 130, § 64.
NE Code § 30-3865 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3865 - (UTC 709) Reimbursement of expenses.

30-3865.  (UTC 709) Reimbursement of expenses.(UTC 709) (a) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:(1) expenses that were properly incurred in the administration of the trust; and(2) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.(b) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.Source Laws 2003, LB 130, § 65.
NE Code § 30-3866 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3866 - (UTC 801) Duty to administer trust.

30-3866.  (UTC 801) Duty to administer trust.(UTC 801) Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with the Nebraska Uniform Trust Code.Source Laws 2003, LB 130, § 66. Annotations  A reasonable person acting in good faith and in the interests of the beneficiaries would not wait until an annual report was due before informing the beneficiaries that the trust assets were in danger of being lost, but would instead inform the beneficiaries of the material facts immediately in order to allow them to protect their interests. Rafert v. Meyer, 290 Neb. 219, 859 N.W.2d 332 (2015). In drafting a trust, an attorney cannot abrogate his or her duty to administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with the Nebraska Uniform Trust Code. Rafert v. Meyer, 290 Neb. 219, 859 N.W.2d 332 (2015). The beneficiaries alleged sufficient facts for a court to find that the trustee acted in bad faith or reckless indifference to the purposes of the trust or the interests of the beneficiaries by providing a false address to the insurers of life insurance policies, which were the sole trust property. Rafert v. Meyer, 290 Neb. 219, 859 N.W.2d 332 (2015).
NE Code § 30-3868 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3868 - (UTC 803) Impartiality.

30-3868.  (UTC 803) Impartiality.(UTC 803) If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests.Source Laws 2003, LB 130, § 68. Annotations  A trustee's duty of impartiality in administering trust property plays particular importance in distributing assets. In re Estate of Hedke, 278 Neb. 727, 775 N.W.2d 13 (2009). In conjunction with this section and section 8-2207, a trustee has a statutory duty of impartiality. In re Trust of Rosenberg, 273 Neb. 59, 727 N.W.2d 430 (2007).
NE Code § 30-3869 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3869 - (UTC 804) Prudent administration.

30-3869.  (UTC 804) Prudent administration.(UTC 804) A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.Source Laws 2003, LB 130, § 69.
NE Code § 30-3870 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3870 - (UTC 805) Costs of administration.

30-3870.  (UTC 805) Costs of administration.(UTC 805) In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee.Source Laws 2003, LB 130, § 70.
NE Code § 30-3871 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3871 - (UTC 806) Trustee's skills.

30-3871.  (UTC 806) Trustee's skills.(UTC 806) A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, shall use those special skills or expertise.Source Laws 2003, LB 130, § 71.
NE Code § 30-3872 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3872 - Delegation by trustee.

30-3872.  Delegation by trustee.A trustee may delegate functions as provided in section 30-3888.Source Laws 2003, LB 130, § 72.
NE Code § 30-3874 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3874 - (UTC 809) Control and protection of trust property.

30-3874.  (UTC 809) Control and protection of trust property.(UTC 809) A trustee shall take reasonable steps to take control of and protect the trust property.Source Laws 2003, LB 130, § 74.
NE Code § 30-3875 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3875 - (UTC 810) Recordkeeping and identification of trust property.

30-3875.  (UTC 810) Recordkeeping and identification of trust property.(UTC 810) (a) A trustee shall keep adequate records of the administration of the trust.(b) A trustee shall keep trust property separate from the trustee's own property.(c) Except as otherwise provided in subsection (d) of this section, a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.(d) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts.Source Laws 2003, LB 130, § 75. Annotations  A trustee's failure to keep required records is reason, among other things, for a court reviewing a judicial accounting to resolve doubts against the trustee. In re Estate of Hedke, 278 Neb. 727, 775 N.W.2d 13 (2009). To further help prevent conflicts of interests, trustees are required to keep adequate records of the trust administration and to keep trust property separate from the trustee's property. In re Estate of Robb, 21 Neb. App. 429, 839 N.W.2d 368 (2013).
NE Code § 30-3876 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3876 - (UTC 811) Enforcement and defense of claims.

30-3876.  (UTC 811) Enforcement and defense of claims.(UTC 811) A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.Source Laws 2003, LB 130, § 76.
NE Code § 30-3877 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3877 - (UTC 812) Collecting trust property.

30-3877.  (UTC 812) Collecting trust property.(UTC 812) A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust known to the trustee to have been committed by a former trustee.Source Laws 2003, LB 130, § 77.
NE Code § 30-3879 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3879 - (UTC 814) Discretionary powers; tax savings.

30-3879.  (UTC 814) Discretionary powers; tax savings.(UTC 814) (a) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute", "sole", or "uncontrolled", the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.(b) Subject to subsection (d) of this section, and unless the terms of the trust expressly indicate that a rule in this subsection does not apply:(1) a person other than a settlor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard; and(2) a trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person.(c) A power whose exercise is limited or prohibited by subsection (b) of this section may be exercised by a majority of the remaining trustees whose exercise of the power is not so limited or prohibited. If the power of all trustees is so limited or prohibited, the court may appoint a special fiduciary with authority to exercise the power.(d) Subsection (b) of this section does not apply to:(1) a power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in section 2056(b)(5) or 2523(e) of the Internal Revenue Code as defined in section 49-801.01, was previously allowed;(2) any trust during any period that the trust may be revoked or amended by its settlor; or(3) a trust if contributions to the trust qualify for the annual exclusion under section 2503(c) of the Internal Revenue Code as defined in section 49-801.01.Source  Laws 2003, LB 130, § 79;  Laws 2005, LB 533, § 46.
NE Code § 30-3880 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3880 - (UTC 815) General powers of trustee.

30-3880.  (UTC 815) General powers of trustee.(UTC 815) (a) A trustee, without authorization by the court, may exercise:(1) powers conferred by the terms of the trust; and(2) except as limited by the terms of the trust:(A) all powers over the trust property which an unmarried competent owner has over individually owned property;(B) any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and(C) any other powers conferred by the Nebraska Uniform Trust Code.(b) The exercise of a power is subject to the fiduciary duties prescribed by sections 30-3866 to 30-3882.(c) The changes made to this section by Laws 2019, LB593, shall apply retroactively to August 30, 2015.Source  Laws 2003, LB 130, § 80;  Laws 2015, LB72, § 1;  Laws 2017, LB268, § 4;  Laws 2019, LB593, § 2.