(47) Supervised administration refers to the proceedings described in Article 24, part 5. (13) Exempt property means that property of a decedent's estate which is described in section 30-2323. As appellant points out, Neb.Rev.Stat. 11 See In re Estate of Reimer, 229 Neb. View Print Friendly: View Statute 30-102 Repealed. The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding. Back to Revised Statutes by Chapter. 887, 782 N.W.2d 596 (2010). (23) Issue of a person means all his or her lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in the Nebraska Probate Code. In re Guardianship & Conservatorship of Cordel, 274 Neb. Laws 1974, LB 354, § 316. Action: shall include any proceeding in any court of this state. (8) Devisee means any person designated in a will to receive a devise. Trust excludes other constructive trusts, and it excludes resulting trusts, conservatorships, personal representatives, trust accounts as defined in Article 27, custodial arrangements pursuant to the Nebraska Uniform Transfers to Minors Act, business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind, and any arrangement under which a person is nominee or escrowee for another. (45) Successor personal representative means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. Neb. . Petition for informal or formal probate depends on the specific situation, and will determine how large a role the court plays in decisions made concerning the estate. 77-2112 The purpose of the hearing is to take testimony and evidence concerning the amendment of Title 247, Nebraska Administrative Code, Chapter 11 entitled Rules and Regulations Governing Department of Motor Vehicles Approval of Driver Safety Courses, School Permits, and Provisional Operator's Permits pursuant to Neb. (37) Protected person is as defined in section 30-2601. sections 30-2457 (48) Testacy proceeding means a proceeding to establish a will or determine intestacy. (27) Mortgage means any conveyance, agreement, or arrangement in which property is used as security. NURSE PRACTICE ACT. Google Chrome, General definitions. (10) Disinterested witness to a will means any individual who acts as a witness to a will and is not an interested witness to such will. Succession to real property by affidavit. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. (24) Lease includes an oil, gas, or other mineral lease. 30-2338 to Revised Statutes; Chapter 30; 30-2601; Print Friendly. . (35) Proceeding includes action at law and suit in equity, but does not include a determination of inheritance tax under Chapter 77, article 20, or estate tax apportionment as provided in sections 77-2108 to 77-2112. 2014 Nebraska Revised Statutes Chapter 30 - DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY 30-2209 - General definitions. View Statute 21-2208; Chapter 21 Index; View Statute 21-2210 ; Chapter 21 21-2209. Badura and Meisinger filed a request for expedited hearing regarding entry of appearance of counsel for Larson. Looby asserted that Toman was not an “interested person” as defined by Neb.Rev.Stat. It also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? View Statute 30-2512; Chapter 30 Index; View Statute 30-2601.01 ; Chapter 30 30-2601. As "distributee" is defined in subdivision (11) of this section, failure to inform court of attorney fee payments did not violate this particular supervised administration because such fees were not "distributions." section 30-2323 (11) Distributee means any person who has received property of a decedent from his or her personal representative other than as a creditor or purchaser. (42) Settlement, in reference to a decedent's estate, includes the full process of administration, distribution, and closing. § 30-2209(21) (Cum.Supp.2004) and furthermore, that Toman had a conflict of interest in serving as a fiduciary for Larson as evidenced by the 100-acre land transfer to Toman. subdivisions (a)(1) § 30-2480 (Reissue 2008). (1) A professional corporation may provide professional services in another jurisdiction if such corporation complies with all applicable laws of … . (19) Incapacitated person is as defined in 198, 443 N.W.2d 894 (1989). (23) Issue of a person means all his or her lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in the Nebraska Probate Code. (17) Guardian means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem. (43) Special administrator means a personal representative as described by sections 30-2457 to 30-2461. Rev. See Nebraska Statutes 49-801; Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. (8) Devisee means any person designated in a will to receive a devise. section 30-2601 View Statute 30-2412; Chapter 30 Index; View Statute 30-2414 ; Chapter 30 30-2413. The petition contains no allegation that the assets alleged to have been wrongfully transferred to the Becerras were unnecessary for the administration of Noble's estate, nor does it allege that Beachy was the sole "interested person" as defined by Neb. Rev. Print Friendly. (32) Person means an individual, a corporation, an organization, a limited liability company, or other legal entity. section 30-2601 Bank v. Bennett, 248 Neb. §§ 30-2619.01 and 30-2623 (Reissue 1995). Revised Statutes; Chapter 30; 30-2413; Print Friendly. (7) Devise, when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will. Revised Statutes; Chapter 30; 30-2209; Print Friendly. 1998). § 30-2209 (21) (Cum. . The court noted that the part of § 30-2209(21) which states that the meaning of "interested person" would vary from time to time, and be determined according to the particular purposes of and matter involved in any proceeding, "would appear to give that otherwise narrow definition considerable breadth. section 30-2216 View Statute 30-2482; Chapter 30 Index; View Statute 30-2484 ; Chapter 30 30-2483. Subscribe to Justia's (10) Disinterested witness to a will means any individual who acts as a witness to a will and is not an interested witness to such will. Section 24-541.01(2) … § 30-2209(21) (Cum.Supp.2004) and furthermore, that Toman had a conflict of interest in serving as a fiduciary for Larson as evidenced by the 100-acre land transfer to Toman. Rev. A claim under Neb.Rev.Stat. Please check official sources. (33) Personal representative includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. Trust excludes other constructive trusts, and it excludes resulting trusts, conservatorships, personal representatives, trust accounts as defined in Article 27, custodial arrangements pursuant to the Nebraska Uniform Transfers to Minors Act, business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind, and any arrangement under which a person is nominee or escrowee for another. Rev. The request set forth the … Probable cause affidavits, orders for arrest without warrant, and orders for identification procedures under Neb. § 30-2209(21) (Cum. ; Oath: shall include affirmation in all cases in which an affirmation may be substituted for an oath.See Nebraska Statutes 49-801; Person: shall include bodies politic and corporate, … (a) Thirty days after the death of a decedent, any person claiming as successor to the decedent's interest in real property in this state may file or cause to be filed on his … The court noted that the part of § 30-2209(21) which states that the meaning of “interested person” would vary from time to time, and be ... Neb.Rev.Stat. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Appellee's Brief and Brief On Cross Appeal, 2012, 16 pgs. Neb. "[11] Ultimately, though, the court relied on a provision which gave standing to petition for … (50) Trust includes any express trust, private or charitable, with additions thereto, wherever and however created. Decedents' Estates; Protection of Persons and Property § 30-2209. Print Friendly. (43) Special administrator means a personal representative as described by Definitions, where found. (29) Notice means compliance with the requirements of notice pursuant to subdivisions (a)(1) and (a)(2) of section 30-2220. (16) Formal proceedings mean those conducted before a judge with notice to interested persons. § 30-2430 (Reissue 1995) provides: (a) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state competent and able to testify, is required. 406, 427 N.W.2d 293 (1988). Looby asserted that Toman was not an "interested person" as defined by Neb.Rev.Stat. Stat. section 30-2601 FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his or her hands. Stat. court opinions. . The Nebraska Probate Code is set out in Neb.Rev.Stat. Stat. (a) Unless notice has already been given under this article and except when an appointment of a personal representative is made pursuant to subdivision (4) of section 30-2408, the clerk of the court upon the … §§ 30-2201 to 30-2902 (Reissue 1985). If any interested person is known by the petitioner, applicant, or the attorney for either to be incompetent or a minor, such fact shall be disclosed to the court. (34) Petition means a written request to the court for an order after notice. Print Friendly. (20) Informal proceedings mean those conducted without notice to interested persons by an officer of the court acting as a registrar for probate of a will or appointment of a personal representative. (5) Court means the court or branch having jurisdiction in matters relating to the affairs of decedents. Copyright © 2020, Thomson Reuters. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. The dual purpose of the elective share provisions is to prevent a spouse from being denied a fair share of the … For purposes of this provision, testamentary trustee includes a trustee to whom assets are transferred by will, to the extent of the devised assets. 30-2209. Act, how cited. . Print Friendly. Laws 1974, LB 354, § 36, UPC § 2-202; Laws 1980, LB 694, § 4; Laws 1985, LB 293, § 1. . Nebraska may have more current or accurate information. Chapter 30. See Neb.Rev.Stat. 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