reglab/housing_qa huggingface dataset:
NE Code § 30-2332 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2332 - Revocation by writing or by act.

30-2332.  Revocation by writing or by act.A will or any part thereof is revoked(1) by a subsequent will which, as is evident either from its terms or from competent evidence of its terms, revokes the prior will or part expressly or by inconsistency; or(2) by being burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in the presence of and by the direction of the testator.Source  Laws 1974, LB 354, § 54, UPC § 2-507. Annotations In order to prove by parol evidence the subsequent execution of a will that revoked a prior will, that evidence must establish by clear and convincing evidence the requirements of proper execution as set out in section 30-2327. In re Estate of Thompson, 214 Neb. 899, 336 N.W.2d 590 (1983).
NE Code § 30-2334 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2334 - Revival of revoked will.

30-2334.  Revival of revoked will.(a) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under section 30-2332, the first will is revoked in whole or in part unless it is evident from the circumstances of the revocation of the second will or from testator's contemporary or subsequent declarations that he intended the first will to take effect as executed.(b) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by a third will, the first will is revoked in whole or in part, except to the extent it appears from the terms of the third will that the testator intended the first will to take effect.Source  Laws 1974, LB 354, § 56, UPC § 2-509.
NE Code § 30-2335 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2335 - Incorporation by reference.

30-2335.  Incorporation by reference.Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.Source  Laws 1974, LB 354, § 57, UPC § 2-510.
NE Code § 30-2336 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2336 - Property owned at death and acquired by estate.

30-2336.  Property owned at death and acquired by estate.A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death.Source Laws 2020, LB966, § 13.
NE Code § 30-2337 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2337 - Events of independent significance.

30-2337.  Events of independent significance.A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of a will of another individual is such an event.Source  Laws 1974, LB 354, § 59, UPC § 2-512.
NE Code § 30-2338 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2338 - Separate writing identifying bequest of tangible property.

30-2338.  Separate writing identifying bequest of tangible property.Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, and securities, and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing must have an indication of the date of the writing or signing and, in the absence of such indication of date, be the only such writing or contain no inconsistency with any other like writing or permit determination of such date of writing or signing from the contents of such writing, from extrinsic circumstances, or from any other evidence, must either be in the handwriting of the testator or be signed by him or her, and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing which has no significance apart from its effect upon the disposition made by the will.Source   Laws 1974, LB 354, § 60, UPC § 2-513;   Laws 1980, LB 694, § 8.
NE Code § 30-2339 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2339 - Requirement that devisee survive testator by one hundred twenty hours.

30-2339.  Requirement that devisee survive testator by one hundred twenty hours.A devisee who does not survive the testator by one hundred twenty hours is treated as if he predeceased the testator, unless the will of the testator contains some language dealing explicitly with simultaneous deaths or deaths in a common disaster, or requiring that the devisee survive the testator or survive the testator for a stated period in order to take under the will.Source  Laws 1974, LB 354, § 61, UPC § 2-601.
NE Code § 30-2340 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2340 - Choice of law as to meaning and effect of wills.

30-2340.  Choice of law as to meaning and effect of wills.The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in his instrument unless the application of that law is contrary to the provisions relating to the elective share described in part 2 of this article, the provisions relating to exempt property and allowances described in part 4 of this article, or any other public policy of this state otherwise applicable to the disposition.Source  Laws 1974, LB 354, § 62, UPC § 2-602.
NE Code § 30-2341 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2341 - Rules of construction and intention.

30-2341.  Rules of construction and intention.The intention of a testator as expressed in his will controls the legal effect of his dispositions. The rules of construction expressed in the succeeding sections of this part apply unless a contrary intention is indicated by the will.Source  Laws 1974, LB 354, § 63, UPC § 2-603. Annotations The cardinal rule in construing a will is to ascertain and effectuate the testator's intent if such intent is not contrary to the law. In re Estate of Barger, 303 Neb. 817, 931 N.W.2d 660 (2019).
NE Code § 30-2342 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2342 - General residuary clause; construction that will passes all property; after-acquired property.

30-2342.  General residuary clause; construction that will passes all property; after-acquired property.Except as provided in section 30-2348, a general residuary clause in a will or a will making general disposition of all of the property of the testator is construed to pass all property which the testator owns at his death including property acquired after the execution of the will.Source  Laws 1974, LB 354, § 64, UPC § 2-604.
NE Code § 30-2342.01 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2342.01 - Gift for benevolent purpose; validity; court; powers; notice to Attorney General.

30-2342.01.  Gift for benevolent purpose; validity; court; powers; notice to Attorney General.(a) Except as otherwise provided in subsection (d) of this section, no gift, devise, or endowment for religious, educational, charitable, or benevolent purposes, which in other respects is valid under the laws of this state, shall be invalid or fail by reason of the indefiniteness or uncertainty of the recipient of the gift, devise, or endowment or by reason that it is or has become unlawful, impracticable, impossible to achieve, or wasteful.(b) The court, on application of any interested person or the Attorney General may determine and order an administration or distribution of the gift, devise, or endowment in a manner as consistent as possible with the intent expressed in the document creating the gift, devise, or endowment. This section shall not be deemed to limit application of the common law doctrines of cy pres and deviation or of section 58-615.(c) In an application for relief under this section which is not brought by the Attorney General, notice of the proceeding shall be given to the Attorney General as a representative for the charitable interests involved.(d) Subsection (a) of this section shall not apply if the document creating the gift, devise, or endowment expressly provides for an alternate disposition of the gift, devise, or endowment in the event the gift, devise, or endowment has become unlawful, impracticable, impossible to achieve, or wasteful. A general residuary devise by will shall not be considered an express provision for an alternate disposition.(e) Any gift, devise, or endowment to a trust with charitable purposes as described in section 30-3831 shall be governed by section 30-3839.Source Laws 2010, LB758, § 2.
NE Code § 30-2342.02 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2342.02 - Terms relating to federal estate and generation-skipping transfer taxes; how construed.

30-2342.02.  Terms relating to federal estate and generation-skipping transfer taxes; how construed.(1) A will or trust of a decedent who dies after December 31, 2009, and before January 1, 2011, that contains a formula referring to the "unified credit", "estate tax exemption", "applicable exemption amount", "applicable credit amount", "applicable exclusion amount", "generation-skipping transfer tax exemption", "GST exemption", "marital deduction", "maximum marital deduction", or "unlimited marital deduction", or that measures a share of an estate or trust based on the amount that can pass free of federal estate tax or the amount that can pass free of federal generation-skipping transfer tax, or that is otherwise based on a similar provision of federal estate or generation-skipping transfer tax law, shall be deemed to refer to the federal estate and generation-skipping transfer tax laws as they applied with respect to estates of decedents dying on December 31, 2009.(2) This section does not apply:(a) If the decedent dies on a date on which there is a then-applicable federal estate or generation-skipping transfer tax; or(b) With respect to a will or trust that is executed or amended after December 31, 2009, or that manifests an intent that a contrary rule apply if the decedent dies on a date on which there is no then-applicable federal estate or generation-skipping transfer tax.(3) The personal representative or any affected beneficiary under the will or trust may bring a proceeding to determine whether the decedent intended that the references under subsection (1) of this section be construed with respect to the law as it existed after December 31, 2009. Such a proceeding shall be commenced within twelve months after the death of the decedent.Source Laws 2010, LB1047, § 1.
NE Code § 30-2343 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2343 - Anti-lapse; deceased devisee; class gifts.

30-2343.  Anti-lapse; deceased devisee; class gifts.If a devisee related to the testator in any degree of kinship is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue of the deceased devisee who survive the testator by one hundred twenty hours take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree then those of more remote degree take by representation. One who would have been a devisee under a class gift if he had survived the testator is treated as a devisee for purposes of this section whether his death occurred before or after the execution of the will.Source  Laws 1974, LB 354, § 65, UPC § 2-605.Annotations Nothing in this section or subsection (b) of section 30-2344 places any limitation upon the estate which passes to the issue of a deceased devisee by operation of this section. In re Estate of Eickmeyer, 262 Neb. 17, 628 N.W.2d 246 (2001).
NE Code § 30-2344 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2344 - Failure of testamentary provision.

30-2344.  Failure of testamentary provision.(a) Except as provided in section 30-2343, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue.(b) Except as provided in section 30-2343, if the residue is devised to two or more persons and the share of one of the residuary devisees fails for any reason, his share passes to the other residuary devisee, or to other residuary devisees in proportion to their interests in the residue.Source  Laws 1974, LB 354, § 66, UPC § 2-606.Annotations The term "other residuary devisee" in subsection (b) of this section includes residuary devisees specifically named in the will and those who take in their place by operation of section 30-2343. Nothing in section 30-2343 or subsection (b) of this section places any limitation upon the estate which passes to the issue of a deceased devisee by operation of section 30-2343. In re Estate of Eickmeyer, 262 Neb. 17, 628 N.W.2d 246 (2001).
NE Code § 30-2345 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2345 - Change in securities; accessions; nonademption.

30-2345.  Change in securities; accessions; nonademption.(a) If the testator intended a specific devise of certain securities rather than the equivalent value thereof, the specific devisee is entitled only to:(1) as much of the devised securities as is a part of the estate at the time of the testator's death;(2) any additional or other securities of the same entity owned by the testator by reason of action entered into or initiated by the entity excluding any acquired by exercise of purchase options;(3) securities of another entity owned by the testator as a result of a merger, consolidation, reorganization or other similar action entered into or initiated by the entity; and(4) any additional securities of the entity owned by the testator as a result of a plan of reinvestment if it is a regulated investment company.(b) Distributions prior to death with respect to a specifically devised security not provided for in subsection (a) are not part of the specific devise.Source  Laws 1974, LB 354, § 67, UPC § 2-607.
NE Code § 30-2346 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2346 - Nonademption of specific devises in certain cases; sale by conservator; unpaid proceeds of sale, condemnation, or insurance.

30-2346.  Nonademption of specific devises in certain cases; sale by conservator; unpaid proceeds of sale, condemnation, or insurance.(a) If specifically devised property is sold by a conservator or guardian, or if a condemnation award or insurance proceeds are paid to a conservator or guardian as a result of condemnation, fire, or casualty, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the condemnation award, or the insurance proceeds. This subsection does not apply if, subsequent to the sale, condemnation, or casualty, it is adjudicated that the disability of the testator has ceased and the testator survives the adjudication by one year. The right of the specific devisee under this subsection is reduced by any right he has under subsection (b).(b) A specific devisee has the right to the remaining specifically devised property and:(1) any balance of the purchase price (together with any security interest) owing from a purchaser to the testator at death by reason of sale of the property;(2) any amount of a condemnation award for the taking of the property unpaid at death;(3) any proceeds unpaid at death on fire or casualty insurance on the property; and(4) property owned by testator at his death as a result of foreclosure, or obtained in lieu of foreclosure, of the security for a specifically devised obligation.Source  Laws 1974, LB 354, § 68, UPC § 2-608.Annotations  This section does not create an exception to the common-law rule of implied revocation when property is sold by an attorney in fact under a durable power of attorney. In re Estate of Bauer, 270 Neb. 91, 700 N.W.2d 572 (2005). Where a testator has, during his lifetime, sold specifically devised property and, at his death, an unpaid balance remains owing to him from the sale, the beneficiary of the specific bequest is entitled to receive the unpaid balance. In re Estate of McClow, Reed v. McClow, 205 Neb. 739, 290 N.W.2d 186 (1980). When a conservator or guardian, not the testator, sells specifically devised property during the testator's lifetime, no ademption occurs. The proceeds of the sale are not included in the testator's residuary estate, but, rather, are given to the specific devisee to honor the specific devise. In re Guardianship & Conservatorship of Mueller, 23 Neb. App. 430, 872 N.W.2d 906 (2015).
NE Code § 30-2347 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2347 - Nonexoneration.

30-2347.  Nonexoneration.A specific devise passes subject to any security interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.Source  Laws 1974, LB 354, § 69, UPC § 2-609.
NE Code § 30-2348 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2348 - Exercise of power of appointment.

30-2348.  Exercise of power of appointment.A general residuary clause in a will, or a will making general disposition of all of the testator's property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intention to include the property subject to the power.Source  Laws 1974, LB 354, § 70, UPC § 2-610.
NE Code § 30-2349 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2349 - Construction of generic terms to accord with relationships as defined for intestate succession.

30-2349.  Construction of generic terms to accord with relationships as defined for intestate succession.Halfbloods, adopted individuals and individuals born out of wedlock are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession.Source  Laws 1974, LB 354, § 71, UPC § 2-611.
NE Code § 30-2350 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2350 - Ademption by satisfaction.

30-2350.  Ademption by satisfaction.Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part only if the will provides for deduction of the lifetime gift, or the testator declares in a writing contemporaneous with the gift that it is to be deducted from the devise or is in satisfaction of the devise, or the devisee acknowledges in a writing contemporaneous with the gift that it is in satisfaction. For purpose of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or as of the time of death of the testator, whichever occurs first.Source  Laws 1974, LB 354, § 72, UPC § 2-612. Annotations  Ademption by satisfaction is provided only for the devisees of a will, and if a devise is made by a will to a trust or trustee, the trust or trustee is the devisee and the beneficiaries of the trust are not devisees and ademption does not apply. In re Estate of Radford, 304 Neb. 205, 933 N.W.2d 595 (2019). A donor may express in the gift that the gift is an advancement. In re Estate of McFayden, 235 Neb. 214, 454 N.W.2d 676 (1990). This section does not permit the use of parol evidence to prove that a testator or testatrix intended an inter vivos gift to be an advancement toward, or ademptive of, a devise in the testator's or testatrix's will. In re Estate of McFayden, 235 Neb. 214, 454 N.W.2d 676 (1990). This section eliminates as proof a written blanket declaration that future inter vivos gifts to a devisee are to be considered advancements. In re Estate of McFayden, 235 Neb. 214, 454 N.W.2d 676 (1990).
NE Code § 30-2351 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2351 - Contracts concerning succession.

30-2351.  Contracts concerning succession.A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1977, can be established only by (1) provisions of a will stating material provisions of the contract; (2) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or (3) a writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.Source  Laws 1974, LB 354, § 73, UPC § 2-701. Annotations  The only way to prove the existence of a contract to make a will or not to revoke a will or devise is by producing a will or signed writing in satisfaction of one of the three subsections of this section. Johnson v. Anderson, 278 Neb. 500, 771 N.W.2d 565 (2009). For the purposes of this section, an oral contract is "executed" at such time as the parties become bound to each other for the performance of the terms of the agreement. In re Estate of Nicholson, 211 Neb. 805, 320 N.W.2d 739 (1982).