reglab/housing_qa huggingface dataset:
NE Code § 30-38,102 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-38,102 - Certification of trust; use; form.

30-38,102.  Certification of trust; use; form.(a) A trustee may present a certification of trust to any person other than a beneficiary in lieu of a copy of any trust instrument to establish the existence or terms of the trust. The trustee may present the certification of trust voluntarily or at the request of the person with whom he or she is dealing. Notwithstanding any provision of the Nebraska Uniform Trust Code to the contrary, no person is required to accept and rely solely on a certification of trust in lieu of a copy of, or excerpts from, the trust instrument itself.(b) A certification of trust shall be in the form of an affidavit and signed and acknowledged by all acting trustees of the trust.Source  Laws 2000, LB 1197, § 1;   R.S.Supp.,2002, § 30-3701;  Laws 2003, LB 130, § 102.
NE Code § 30-38,103 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-38,103 - Certification of trust; contents.

30-38,103.  Certification of trust; contents.(a) A certification of trust may confirm the following facts or contain the following information:(1) The existence of a trust and, for an inter vivos trust, the date of execution or, for a testamentary trust, the date of death of the decedent;(2) The identity of the grantor, settlor, or testator and each currently acting trustee;(3) The powers of the trustee and any restrictions imposed upon the trustee in dealing with the assets of the trust;(4) The name or method of choosing successor trustees;(5) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke it;(6) If there is more than one trustee, whether all of the currently acting trustees must, or if less than all, may, act to exercise identified powers of the trustee;(7) The identifying number of the trust and whether it is a social security number or an employer identification number;(8) The name of each beneficiary and the relationship to the grantor, settlor, or testator;(9) The state or other jurisdiction under which the trust was established; and(10) The form in which title to the assets of the trust is to be taken.(b) The certification of trust shall contain a statement that the trust has not been revoked or amended to make any representations contained in the certification of trust incorrect and that the signatures are those of all the acting trustees.Source  Laws 2000, LB 1197, § 2;   R.S.Supp.,2002, § 30-3702;  Laws 2003, LB 130, § 103.
NE Code § 30-38,104 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-38,104 - Certification of trust; additional information authorized.

30-38,104.  Certification of trust; additional information authorized.A certification of trust need not contain the dispositive provisions of the trust, but the person to whom the certification of trust is presented may require copies of, or excerpts from, any trust instrument which designates the trustee or confers upon the trustee power to act in the pending transaction.Source  Laws 2000, LB 1197, § 3;   R.S.Supp.,2002, § 30-3703;  Laws 2003, LB 130, § 104.
NE Code § 30-38,105 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-38,105 - Reliance upon certification of trust; liability.

30-38,105.  Reliance upon certification of trust; liability.A person who acts in reliance upon a certification of trust without any knowledge that the representations contained in the certification of trust are incorrect is not liable to any person for such actions. A person who does not know that the representations contained in the certification of trust are incorrect may assume without inquiry the existence of the representations contained in the certification of trust. Knowledge may not be inferred solely from the fact that a copy of all or part of a trust instrument is held by the person relying upon the certification of trust.Source  Laws 2000, LB 1197, § 4;   R.S.Supp.,2002, § 30-3704;  Laws 2003, LB 130, § 105.
NE Code § 30-38,106 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-38,106 - Certification of trust; use; effect.

30-38,106.  Certification of trust; use; effect.A person's failure to demand a certification of trust, or his or her refusal to accept and rely solely on a certification of trust, shall not be considered an improper act, and no inference as to whether he or she has acted in good faith shall be drawn from the failure to demand, or the refusal to accept and rely upon, a certification of trust. This section creates no implication that a person is liable for acting in reliance upon a certification of trust under circumstances in which the requirements of sections 30-38,102 to 30-38,107 are not satisfied.Source  Laws 2000, LB 1197, § 5;   R.S.Supp.,2002, § 30-3705;  Laws 2003, LB 130, § 106.
NE Code § 30-38,107 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-38,107 - Sections; applicability.

30-38,107.  Sections; applicability.Sections 30-38,102 to 30-38,106 apply to all trusts whether established pursuant to Nebraska law or established pursuant to the law of another state or jurisdiction.Source  Laws 2000, LB 1197, § 6;   R.S.Supp.,2002, § 30-3706;  Laws 2003, LB 130, § 107.
NE Code § 30-38,108 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-38,108 - (UTC 1101) Uniformity of application and construction.

30-38,108.  (UTC 1101) Uniformity of application and construction.(UTC 1101) In applying and construing the Nebraska Uniform Trust Code, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.Source Laws 2003, LB 130, § 108.
NE Code § 30-38,109 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-38,109 - (UTC 1102) Electronic records and signatures.

30-38,109.  (UTC 1102) Electronic records and signatures.(UTC 1102) The provisions of the Nebraska Uniform Trust Code governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7002, as such section existed on January 1 immediately preceding January 1, 2005, and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.Source Laws 2003, LB 130, § 109.
NE Code § 30-38,110 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-38,110 - (UTC 1106) Application to existing relationships.

30-38,110.  (UTC 1106) Application to existing relationships.(UTC 1106) (a) Except as otherwise provided in the Nebraska Uniform Trust Code, on January 1, 2005:(1) the code applies to all trusts created before, on, or after January 1, 2005;(2) the code applies to all judicial proceedings concerning trusts commenced on or after January 1, 2005;(3) the code applies to judicial proceedings concerning trusts commenced before January 1, 2005, unless the court finds that application of a particular provision of the code would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of the code does not apply and the superseded law applies; and(4) an act done before January 1, 2005, is not affected by the code.(b) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before January 1, 2005, that statute continues to apply to the right even if it has been repealed or superseded.(c) Any reference to the powers authorized under the Nebraska Trustees' Powers Act as such act existed prior to January 1, 2005, is deemed to be a reference to the powers authorized under the Nebraska Uniform Trust Code.(d) Subsection (a) of section 30-3838, section 30-3839, section 30-3848, subsection (c) of section 30-3849, and subdivision (b)(1) of section 30-3879 apply only to trusts which become irrevocable on or after January 1, 2005.Source  Laws 2003, LB 130, § 110;  Laws 2004, LB 999, § 29;  Laws 2007, LB124, § 28. Annotations  Because a statutory duty of impartiality existed under either section 8-2207 or section 30-3868, application of the Nebraska Uniform Trust Code would not substantially prejudice the rights of the parties in determining trustee impartiality. In re Trust of Rosenberg, 273 Neb. 59, 727 N.W.2d 430 (2007). Under subsection (a)(1) of this section, the Nebraska Uniform Trust Code is generally applicable to all trusts in existence on January 1, 2005, subject to certain statutory and perhaps constitutional exceptions. In re Trust Created by Inman, 269 Neb. 376, 693 N.W.2d 514 (2005). Because no prejudice to the parties appeared, court applied Nebraska Uniform Trust Code to judicial proceeding commenced prior to operative date of code. In re Charles C. Wells Revocable Trust, 15 Neb. App. 624, 734 N.W.2d 323 (2007).
NE Code § 30-3901 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3901 - Act, how cited.

30-3901.  Act, how cited.Sections 30-3901 to 30-3923 shall be known and may be cited as the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.Source Laws 2011, LB157, § 5.
NE Code § 30-3902 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3902 - Definitions.

30-3902.  Definitions.In the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act:(1) Adult means an individual who has attained nineteen years of age;(2) Conservator means a person appointed by the court to administer the property of an adult, including a person appointed under the Nebraska Probate Code for an adult;(3) Guardian means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under the Nebraska Probate Code for an adult;(4) Guardianship order means an order appointing a guardian;(5) Guardianship proceeding means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued;(6) Incapacitated person means an adult for whom a guardian has been appointed;(7) Party means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding;(8) Person, except in the term incapacitated person or protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;(9) Protected person means an adult for whom a protective order has been issued;(10) Protective order means an order appointing a conservator or other order related to management of an adult's property;(11) Protective proceeding means a judicial proceeding in which a protective order is sought or has been issued;(12) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;(13) Respondent means an adult for whom a protective order or the appointment of a guardian is sought; and(14) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.Source Laws 2011, LB157, § 6.
NE Code § 30-3903 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3903 - International application of act.

30-3903.  International application of act.A court of this state may treat a foreign country as if it were a state for the purpose of applying sections 30-3901 to 30-3917 and 30-3921 to 30-3923.Source Laws 2011, LB157, § 7.
NE Code § 30-3904 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3904 - Communication between courts.

30-3904.  Communication between courts.(1) A court of this state may communicate with a court in another state concerning a proceeding arising under the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (2) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.(2) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.Source Laws 2011, LB157, § 8.
NE Code § 30-3905 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3905 - Cooperation between courts.

30-3905.  Cooperation between courts.(1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:(a) Hold an evidentiary hearing;(b) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;(c) Order that an evaluation or assessment be made of the respondent;(d) Order any appropriate investigation of a person involved in a proceeding;(e) Forward to the court of this state a certified copy of the transcript or other record of a hearing under subdivision (a) of this subsection or any other proceeding, any evidence otherwise produced under subdivision (b) of this subsection, and any evaluation or assessment prepared in compliance with an order under subdivision (c) or (d) of this subsection;(f) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; or(g) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. 160.103, as such regulation existed on January 1, 2011.(2) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (1) of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.Source Laws 2011, LB157, § 9.
NE Code § 30-3906 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3906 - Taking testimony in another state.

30-3906.  Taking testimony in another state.(1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.(2) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.(3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.Source Laws 2011, LB157, § 10.
NE Code § 30-3907 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3907 - Definitions; significant connection factors.

30-3907.  Definitions; significant connection factors.(1) For purposes of sections 30-3907 to 30-3915:(a) Emergency means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf;(b) Home state means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian or, if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition; and(c) Significant-connection state means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.(2) In determining under section 30-3909 and subsection (5) of section 30-3916 whether a respondent has a significant connection with a particular state, the court shall consider:(a) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;(b) The length of time the respondent at any time was physically present in the state and the duration of any absence;(c) The location of the respondent's property; and(d) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.Source Laws 2011, LB157, § 11.
NE Code § 30-3908 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3908 - Exclusive basis.

30-3908.  Exclusive basis.Sections 30-3907 to 30-3915 provide the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.Source Laws 2011, LB157, § 12.
NE Code § 30-3909 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3909 - Jurisdiction.

30-3909.  Jurisdiction.A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:(1) This state is the respondent's home state;(2) On the date the petition is filed, this state is a significant-connection state and:(a) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or(b) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:(i) A petition for an appointment or order is not filed in the respondent's home state;(ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and(iii) The court in this state concludes that it is an appropriate forum under the factors set forth in section 30-3912;(3) This state does not have jurisdiction under either subdivision (1) or (2) of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or(4) The requirements for special jurisdiction under section 30-3910 are met.Source Laws 2011, LB157, § 13.
NE Code § 30-3910 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3910 - Special jurisdiction.

30-3910.  Special jurisdiction.(1) A court of this state lacking jurisdiction under section 30-3909 has special jurisdiction to do any of the following:(a) Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state;(b) Issue a protective order with respect to real or tangible personal property located in this state; or(c) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section 30-3916.(2) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.Source Laws 2011, LB157, § 14.
NE Code § 30-3911 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3911 - Exclusive and continuing jurisdiction.

30-3911.  Exclusive and continuing jurisdiction.Except as otherwise provided in section 30-3910, a court that has appointed a guardian or issued a protective order consistent with the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.Source Laws 2011, LB157, § 15.
NE Code § 30-3912 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3912 - Appropriate forum.

30-3912.  Appropriate forum.(1) A court of this state having jurisdiction under section 30-3909 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.(2) If a court of this state declines to exercise its jurisdiction under subsection (1) of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.(3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:(a) Any expressed preference of the respondent;(b) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;(c) The length of time the respondent was physically present in or was a legal resident of this or another state;(d) The distance of the respondent from the court in each state;(e) The financial circumstances of the respondent's estate;(f) The nature and location of the evidence;(g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;(h) The familiarity of the court of each state with the facts and issues in the proceeding; and(i) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.Source Laws 2011, LB157, § 16.