reglab/housing_qa huggingface dataset:
NE Code § 30-3517 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3517 - Limitations of action against custodial trustee.

30-3517.  Limitations of action against custodial trustee.(a) Except as provided in subsections (b) and (c) of this section, unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee:(1) Who has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within six months after receipt of the final account or statement; or(2) Who has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within four years after the termination of the custodial trust.(b) Except as provided in subsection (c) of this section, a claim for relief to recover from a custodial trustee for fraud, misrepresentation, or concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust is barred unless an action or proceeding to assert the claim is commenced within five years after the termination of the custodial trust.(c) A claim for relief is not barred by this section if the claimant:(1) Is a minor, until the earlier of two years after the claimant becomes an adult or dies;(2) Is an incapacitated adult, until the earliest of two years after (i) the appointment of a conservator, (ii) the removal of the incapacity, or (iii) the death of the claimant; or(3) Was an adult, now deceased, who was not incapacitated at the time of his or her death, until two years after the claimant's death.(d) For purposes of this section, a beneficiary or other person is deemed to have received an account or statement if, being an adult, it is received by him or her personally or if, being a minor or incapacitated person, it is received by his or her representative as described in subdivision (3) of section 30-2222.Source  Laws 1997, LB 51, § 17.
NE Code § 30-3518 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3518 - Distribution on termination.

30-3518.  Distribution on termination.(a) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property:(1) To the beneficiary, if not incapacitated or deceased;(2) To the holder of the beneficiary's power of attorney;(3) To the conservator or other recipient designated by the court for an incapacitated beneficiary; or(4) Upon the beneficiary's death, in the following order:(i) As last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary;(ii) To the survivor of multiple beneficiaries if survivorship is provided for pursuant to section 30-3507;(iii) As designated in the instrument creating the custodial trust; or(iv) To the estate of the deceased beneficiary.(b) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.(c) Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.Source   Laws 1997, LB 51, § 18;  Laws 1999, LB 62, § 3.
NE Code § 30-3520 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3520 - Applicability of act.

30-3520.  Applicability of act.(a) The Nebraska Uniform Custodial Trust Act applies to a transfer or declaration creating a custodial trust that refers to the act if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in this state or custodial trust property is located in this state. The custodial trust remains subject to the act despite a later change in residence or principal place of business of the transferor, beneficiary, or custodial trustee, or removal of the custodial trust property from this state.(b) A transfer made pursuant to an act of another state substantially similar to the Nebraska Uniform Custodial Trust Act is governed by the law of that state and may be enforced in this state.Source  Laws 1997, LB 51, § 20.
NE Code § 30-3521 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3521 - Custodial trust; aggregate value; limitation.

30-3521.  Custodial trust; aggregate value; limitation.Transfers or declarations of property to a custodial trust under the Nebraska Uniform Custodial Trust Act shall not exceed, in the aggregate, one hundred thousand dollars in net value, exclusive of the value of the transferor's or declarant's personal residence. This limitation does not apply to any income received by the custodial trust and any appreciation in the value of the property held in the custodial trust. A good faith violation of this section does not invalidate the custodial trust.Source  Laws 1997, LB 51, § 21.
NE Code § 30-3522 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3522 - Act; application and construction.

30-3522.  Act; application and construction.The Nebraska Uniform Custodial Trust Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the act among states enacting it.Source  Laws 1997, LB 51, § 22.
NE Code § 30-3601 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3601 - Act, how cited.

30-3601.  Act, how cited.Sections 30-3601 to 30-3604 shall be known and may be cited as the Uniform Testamentary Additions to Trusts Act (1991).Source Laws 1999, LB 18, § 1.
NE Code § 30-3602 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3602 - Testamentary additions to trusts.

30-3602.  Testamentary additions to trusts.(a) A will may validly devise or bequeath property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts, or (ii) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise or bequest is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death.(b) Unless the testator's will provides otherwise, property devised or bequeathed to a trust described in subsection (a) is not held under a testamentary trust of the testator but it becomes a part of the trust to which it is devised or bequeathed, and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.(c) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise or bequest to lapse.Source   Laws 1974, LB 354, § 58, UPC § 2-511;   R.S.1943, (1995), § 30-2336;  Laws 1999, LB 18, § 2.
NE Code § 30-3603 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3603 - Act; applicability.

30-3603.  Act; applicability.The Uniform Testamentary Additions to Trusts Act (1991) applies to a will of a testator who dies on or after August 28, 1999.Source Laws 1999, LB 18, § 3.
NE Code § 30-3604 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3604 - Act; how construed.

30-3604.  Act; how construed.The Uniform Testamentary Additions to Trusts Act (1991) shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the act among states enacting it.Source Laws 1999, LB 18, § 4.
NE Code § 30-3701 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3701 - Transferred to section 30-38,102.

30-3701.  Transferred to section 30-38,102.
NE Code § 30-3702 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3702 - Transferred to section 30-38,103.

30-3702.  Transferred to section 30-38,103.
NE Code § 30-3703 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3703 - Transferred to section 30-38,104.

30-3703.  Transferred to section 30-38,104.
NE Code § 30-3704 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3704 - Transferred to section 30-38,105.

30-3704.  Transferred to section 30-38,105.
NE Code § 30-3705 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3705 - Transferred to section 30-38,106.

30-3705.  Transferred to section 30-38,106.
NE Code § 30-3706 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3706 - Transferred to section 30-38,107.

30-3706.  Transferred to section 30-38,107.
NE Code § 30-3801 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3801 - (UTC 101) Code, how cited.

30-3801.  (UTC 101) Code, how cited.(UTC 101) Sections 30-3801 to 30-38,110 shall be known and may be cited as the Nebraska Uniform Trust Code.Source Laws 2003, LB 130, § 1.
NE Code § 30-3802 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3802 - (UTC 102) Scope.

30-3802.  (UTC 102) Scope.(UTC 102) The Nebraska Uniform Trust Code applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust.Source Laws 2003, LB 130, § 2. Annotations It is clear from the plain language of this section that resulting and constructive trusts are not governed by the Nebraska Uniform Trust Code. Washington v. Conley, 273 Neb. 908, 734 N.W.2d 306 (2007).
NE Code § 30-3804 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3804 - (UTC 104) Knowledge.

30-3804.  (UTC 104) Knowledge.(UTC 104) (a) Subject to subsection (b) of this section, a person has knowledge of a fact if the person:(1) has actual knowledge of it;(2) has received a notice or notification of it; or(3) from all the facts and circumstances known to the person at the time in question, has reason to know it.(b) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.Source Laws 2003, LB 130, § 4.
NE Code § 30-3806 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3806 - (UTC 106) Common law of trusts; principles of equity.

30-3806.  (UTC 106) Common law of trusts; principles of equity.(UTC 106) The common law of trusts and principles of equity supplement the Nebraska Uniform Trust Code, except to the extent modified by the code or another statute of this state.Source Laws 2003, LB 130, § 6. Annotations The right of retainer of a distribution is a valid, equitable remedy available to trustees of trusts. In re Trust of Hrnicek, 280 Neb. 898, 792 N.W.2d 143 (2010).
NE Code § 30-3807 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3807 - (UTC 107) Governing law.

30-3807.  (UTC 107) Governing law.(UTC 107) (a) Except as provided in subsection (b) of this section, the meaning and effect of the terms of a trust are determined by:(1) the law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or(2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.(b) The meaning and effect of the terms of a trust that pertain to title to Nebraska real estate are determined by the law of Nebraska.Source Laws 2003, LB 130, § 7.
NE Code § 30-3808 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3808 - (UTC 108) Principal place of administration.

30-3808.  (UTC 108) Principal place of administration.(UTC 108) (a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if:(1) a trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction;(2) all or part of the administration occurs in the designated jurisdiction; or(3) a trust director's principal place of business is located in or a trust director is a resident of the designated jurisdiction.(b) A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiaries.(c) Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection (b) of this section, may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States.(d) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than sixty days before initiating the transfer. The notice of proposed transfer must include:(1) the name of the jurisdiction to which the principal place of administration is to be transferred;(2) the address and telephone number at the new location at which the trustee can be contacted;(3) an explanation of the reasons for the proposed transfer;(4) the date on which the proposed transfer is anticipated to occur; and(5) the date, not less than sixty days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.(e) The authority of a trustee under this section to transfer a trust's principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.(f) In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to section 30-3860.Source  Laws 2003, LB 130, § 8;  Laws 2019, LB536, § 21.
NE Code § 30-3809 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3809 - (UTC 109) Methods and waiver of notice.

30-3809.  (UTC 109) Methods and waiver of notice.(UTC 109) (a) Notice to a person under the Nebraska Uniform Trust Code or the sending of a document to a person under the code must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last-known place of residence or place of business, or a properly directed electronic message.(b) Notice otherwise required under the code or a document otherwise required to be sent under the code need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.(c) Notice under the code or the sending of a document under the code may be waived by the person to be notified or sent the document.(d) Notice of a judicial proceeding may be given as provided in the applicable rules of civil procedure or as in section 30-2220.Source Laws 2003, LB 130, § 9.
NE Code § 30-3810 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3810 - (UTC 110) Others treated as qualified beneficiaries.

30-3810.  (UTC 110) Others treated as qualified beneficiaries.(UTC 110) (a) Whenever notice to qualified beneficiaries of a trust is required under the Nebraska Uniform Trust Code, the trustee must also give notice to any other beneficiary who has sent the trustee a request for notice.(b) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under the code if the charitable organization, on the date the charitable organization's qualification is being determined:(1) is a distributee or permissible distributee of trust income or principal;(2) would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or(3) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.(c) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in section 30-3834 or 30-3835 has the rights of a qualified beneficiary under the code.(d) The Attorney General has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this state.Source  Laws 2003, LB 130, § 10;  Laws 2005, LB 533, § 38.
NE Code § 30-3811 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3811 - (UTC 111) Nonjudicial settlement agreements.

30-3811.  (UTC 111) Nonjudicial settlement agreements.(UTC 111) (a) For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.(b) Except as otherwise provided in subsection (c) of this section, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.(c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under the Nebraska Uniform Trust Code or other applicable law. A spendthrift provision in the terms of the trust is presumed to constitute a material purpose of the trust.(d) Matters that may be resolved by a nonjudicial settlement agreement include:(1) the interpretation or construction of the terms of the trust;(2) the approval of a trustee's report or accounting;(3) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;(4) the resignation or appointment of a trustee and the determination of a trustee's compensation;(5) transfer of a trust's principal place of administration; and(6) liability of a trustee for an action relating to the trust.(e) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in sections 30-3822 to 30-3826 was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.Source  Laws 2003, LB 130, § 11;  Laws 2004, LB 999, § 24.
NE Code § 30-3812 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3812 - (UTC 201) Role of court in administration of trust.

30-3812.  (UTC 201) Role of court in administration of trust.(UTC 201) (a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.(b) A trust is not subject to continuing judicial supervision unless ordered by the court.(c) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights.Source Laws 2003, LB 130, § 12. Annotations  A beneficiary of property left to a trust has standing to raise the trustee's self-dealing and to seek damages, an accounting, and a constructive trust. In re Estate of Hedke, 278 Neb. 727, 775 N.W.2d 13 (2009). A trust beneficiary's estate can seek to enforce the beneficiary's interests in the trust to the same extent that the beneficiary could have enforced his or her interests immediately before death, consistent with the standard provided in the Restatement (Third) of Trusts section 50, comment d(5). (2003). In re Trust Created by Hansen, 274 Neb. 199, 739 N.W.2d 170 (2007). The remainder beneficiaries' motion for a declaration of rights was construed as a request for the court to instruct the trustee on its duties and powers when they asked the county court to decide whether the trustee could pay the billings for the beneficiary's last-illness expenses and, if so, what standards should be applied. In re Trust Created by Hansen, 274 Neb. 199, 739 N.W.2d 170 (2007). This section does not limit to trustees the right to seek instructions from the court. In re Trust Created by Hansen, 274 Neb. 199, 739 N.W.2d 170 (2007).
NE Code § 30-3813 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3813 - (UTC 202) Jurisdiction over trustee and beneficiary.

30-3813.  (UTC 202) Jurisdiction over trustee and beneficiary.(UTC 202) (a) By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.(c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.Source Laws 2003, LB 130, § 13.