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neb rev stat 30 2209 21

§ 30-2209(21) (Reissue 1995). See Neb. § 30-2209 (21) (Reissue 1985). Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? … Stat. § 30-2481 (Reissue 1979), they … SECTION III: Releases A. § 30-2412 establishes the priority among persons seeking … Badura and Meisinger filed a request for expedited hearing regarding entry of appearance of counsel for Larson. Stat. (50) Trust includes any express trust, private or charitable, with additions thereto, wherever and however created. (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. Subsection (4) of this section does not distinguish between legal and equitable title when excluding disputes regarding title of a decedent from the definition of "claims". View Statute 30-2208; Chapter 30 Index; View Statute 30-2210 ; Chapter 30 30-2209. (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. View Print Friendly: View Statute 30-102 Repealed. See Nebraska Statutes 49-801; Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. "[11] Ultimately, though, the court relied on a provision which gave standing to petition for … (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 to Terms Used In Nebraska Statutes 30-2209. ; Decedent: A deceased person. . Bank v. Bennett, 248 Neb. § 30-2480 (Reissue 2008). 121, 439 N.W.2d 764 (1989). § 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. The Nebraska Probate Code is set out in Neb.Rev.Stat. (4) Claim, in respect to estates of decedents and protected persons, includes liabilities of the decedent or protected person whether arising in contract, in tort or otherwise, and liabilities of the estate which arise at or after the death of the decedent or after the appointment of a conservator, including funeral expenses and expenses of administration. FCC Again Rejects Net Neutrality Even as Controversy Reignites. Search by Keyword or Citation; Search by Keyword or Citation . (24) Lease includes an oil, gas, or other mineral lease. (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. § 30-2209 (21) (Cum.Supp. (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. Cancel « Prev. Back to Revised Statutes by Chapter. Sworn testimony offered in support of orders … (27) Mortgage means any conveyance, agreement, or arrangement in which property is used as security. § 30-2209(21) (Cum. Rev. Stat. If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not, the … . Stat. Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Any person desiring notice of any order or filing pertaining to a decedent's estate in which he has a financial or property interest may file a demand for notice with … 545, 741 N.W.2d 675 (2007). 2000) provides: "Interested person includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person which may be affected by the proceeding." (48) Testacy proceeding means a proceeding to establish a will or determine intestacy. subdivisions (a)(1) Pursuant to subsection (4) of this section, the Nebraska Probate Code exempts liens because a lien by definition is not a liability as that term is used in the definition of claims. section 30-2323 Disclaimer: These codes may not be the most recent version. Issues not presented here are whether a nominated personal representative is either (1) included in the definition of a personal representative, Neb.Rev.Stat. Internet Explorer 11 is no longer supported. View Statute 21-2208; Chapter 21 Index; View Statute 21-2210 ; Chapter 21 21-2209. § 30-2209 (21) (Cum. "Any person interested in the welfare" of a protected person has standing to intervene and is not limited to those persons more narrowly defined as "interested persons" in subsection (21) of this section. As appellant points out, Neb.Rev.Stat. § 30-2209(33) (Cum. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 1998). (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. 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. Stat. §§ 30-2619.01 and 30-2623 (Reissue 1995). Provision of services in another jurisdiction; license required, when; foreign corporation; requirements. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. Demand for notice of order or filing concerning decedent's estate. (4) Claim, in respect to estates of decedents and protected persons, includes liabilities of the decedent or protected person whether arising in contract, in tort or otherwise, and liabilities of the estate which arise at or after the death of the decedent or after the appointment of a conservator, including funeral expenses and expenses of administration. (13) Exempt property means that property of a decedent's estate which is described in section 30-2323. Delegating, … § 30-2209(4) (Reissue 2016) (emphasis supplied). FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Print Friendly. The term does not include estate or inheritance taxes, demands or disputes regarding title of a decedent or protected person to specific assets alleged to be included in the estate. (19) Incapacitated person is as defined in section 30-2601. (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. Microsoft Edge. 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. See Neb.Rev.Stat. All of these individuals are interested persons as defined by Neb.Rev.Stat. 887, 782 N.W.2d 596 (2010). 2000) provides: "Interested person includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person which may be affected by the proceeding." The request set forth the … The record is clear, and appellee does not dispute, that notice was not sent to the interested parties regarding the hearing on the order for distribution within the 14-day period. In re Estate of Chaney, 232 Neb. (18) Heirs mean those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. (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 … Print Friendly. §§ 30-2201 to 30-2902 (Reissue 1985). section 30-2601 Nebraska Revised Statutes Chapter 60. Act, how cited. § 30-2209(21) (Reissue 2016), in the probate action, and that the FDIC-R withdraws its request that the Estate remain open. All rights reserved. For purposes of this provision, testamentary trustee includes a trustee to whom assets are transferred by will, to the extent of the devised assets. See, also, Neb. View Statute 30-2512; Chapter 30 Index; View Statute 30-2601.01 ; Chapter 30 30-2601. Rev. Terms Used In Nebraska Statutes 30-2416. (5) Court means the court or branch having jurisdiction in matters relating to the affairs of decedents. Revised Statutes; Chapter 21; 21-2209; Print Friendly. Motor Vehicles § 60-496. sections 30-2326 Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Stat. Stat. (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. For purposes of subsection (A) of this section, interested persons shall include all those defined under Neb. Neb. Revised Statutes; Chapter 30; 30-2413; Print Friendly. Neb.Rev.Stat. (41) Security includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral-trust certificate, transferable share, voting-trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. Section 30-2405 was designed to give probate courts of limited juris- diction broad concurrent jurisdiction with courts of general jurisdiction. . Stat. General definitions. Nebraska Revised Statute 30-2413. . (29) Notice means compliance with the requirements of notice pursuant to (39) Registrar refers to the official of the court designated to perform the functions of registrar as provided in (41) Security includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral-trust certificate, transferable share, voting-trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. View Statute 30-2482; Chapter 30 Index; View Statute 30-2484 ; Chapter 30 30-2483. For purposes of subsection (A) of this section, interested persons shall include all those defined under Neb. Firefox, or Subscribe to Justia's 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. section 30-2216 Neb. § 30-2209 (21). In re Guardianship & Conservatorship of Cordel, 274 Neb. Revised Statutes; Chapter 30; 30-24,129; Print Friendly. (34) Petition means a written request to the court for an order after notice. (18) Heirs mean those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. to (22) Interested witness to a will means any individual who acts as a witness to a will at the date of its execution and who is or would be entitled to receive any property thereunder if the testator then died under the circumstances existing at the date of its execution, but does not include any individual, merely because of such nomination, who acts as a witness to a will by which he or she is nominated as personal representative, conservator, guardian, or trustee. (51) Trustee includes an original, additional, or successor trustee, whether or not appointed or confirmed by court. Stat. (43) Special administrator means a personal representative as described by sections 30-2457 to 30-2461. Nebraska. (3) Child includes any individual entitled to take as a child under the code by intestate succession from the parent whose relationship is involved and excludes any person who is only a stepchild, a foster child, or a grandchild or any more remote descendant. General definitions on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact. 77-2112 Google Chrome, 648, 529 N.W.2d 741 (1995). Rev. 11 See In re Estate of Reimer, 229 Neb. Next » Subject to additional definitions contained in the subsequent articles which are applicable to specific articles or parts, and unless the context otherwise requires, in … Laws 1974, LB 354, § 36, UPC § 2-202; Laws 1980, LB 694, § 4; Laws 1985, LB 293, § 1. . Rev. It also includes persons having priority for appointment as personal representative, and other fiduciaries representing interested persons. § 30-2209(21)) may petition for probate and grant of letters. (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. and 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. (26) Minor means an individual under nineteen years of age, but in case any person marries under the age of nineteen years his or her minority ends. The request set forth the … 2014 Nebraska Revised Statutes Chapter 30 - DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY 30-2209 - General definitions. View Statute 30-2412; Chapter 30 Index; View Statute 30-2414 ; Chapter 30 30-2413. (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. Back to Revised Statutes by Chapter. Stat. NE Code § 30-2209 (2014) What's This? Unless otherwise apparent from the context, in the Nebraska Probate Code: (1) Incapacitated person means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic … (42) Settlement, in reference to a decedent's estate, includes the full process of administration, distribution, and closing. §§ 29-3301 through 29-3307. (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. 2018), a nearly identical statute applicable to for-profit cor-porations like BNSF.” We withdraw the ninth paragraph 6 and substitute: Section 21-2,209 provides:. . (A) Sworn testimony offered in support of judicial determinations of probable cause for persons arrested without warrant shall be in an affidavit or, with the consent of the court, submitted verbally and recorded. In re Estate of Snover, 233 Neb. The term does not include estate or inheritance taxes, demands or disputes regarding title of a decedent or protected person to specific assets alleged to be included in the estate. . (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. (12) Estate includes the property of the decedent, trust, or other person whose affairs are subject to the Nebraska Probate Code as originally constituted and as it exists from time to time during administration. (28) Nonresident decedent means a decedent who was domiciled in another jurisdiction at the time of his or her death. Nebraska Revised Statutes Chapter 30. § 30-2314. STATE OF NEBRASKA STATUTES RELATING TO NURSE PRACTICE ACT Department of Health and Human Services Division of Public Health Licensure Unit 301 Centennial Mall South, Third Floor PO Box 94986 Lincoln, NE 68509-4986. i INDEX. (31) Parent includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under the Nebraska Probate Code, by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent, or grandparent. The record is clear, and appellee does not dispute, that notice was not sent to the interested parties regarding the hearing on the order for distribution within the 14-day period. featuring summaries of federal and state Violation of law; revocation of operator's license; duties of director and Nebraska State Patrol. (9) Disability means cause for a protective order as described by section 30-2630. , which disposes of personal or real property, appoints a personal representative, conservator, guardian, or trustee, revokes or revises an earlier executed testamentary instrument, or encompasses any one or more of such objects or purposes. § 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. . Next » Upon conviction of any person in any court within this state of any violation of (1) any law of this state pertaining to the … 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." Definitions and use of terms. See Neb.Rev.Stat. Succession to real property by affidavit. A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his or her hands. (36) Property includes both real and personal property or any interest therein and means anything that may be the subject of ownership. Supp. Section 24-541.01(2) … (29) Notice means compliance with the requirements of notice pursuant to subdivisions (a)(1) and (a)(2) of section 30-2220. Subject to additional definitions contained in the subsequent articles which are applicable to specific articles or parts, and unless the context otherwise requires, in the Nebraska Probate Code: (1) Application means a written request to the registrar for an order of informal probate or appointment under part 3 of Article 24. Section 30-2217 provides that appellate review under the code is governed by Neb.Rev.Stat. Search by Keyword or Citation; Search by Keyword or Citation. Harry Zweifel, who is associated with the Fairbury State Bank in Fairbury, Nebraska, was appointed personal representative of the Michels estate on April 19, 1982. 38-2203. (53) Will means any instrument, including any codicil or other testamentary instrument complying with sections 30-2326 to 30-2338, which disposes of personal or real property, appoints a personal representative, conservator, guardian, or trustee, revokes or revises an earlier executed testamentary instrument, or encompasses any one or more of such objects or purposes. Property or any interest therein and means anything that may be the subject of ownership both real and personal or! Appellate review under the Code is governed by Neb.Rev.Stat ” as defined section... In matters relating to the affairs of decedents court designated to perform functions! Statutes 30-2209 and Nebraska state Patrol, letters of guardianship, letters of conservatorship conveyance, agreement, other. Decedent died intestate ( without a will or determine intestacy Chapter 21 ;!: these codes may not be the subject of ownership the functions Registrar... View Print Friendly for … Neb.Rev.Stat supplied ) testimony offered in support of orders … See Neb.Rev.Stat citations, visit... Are interested persons warrant, and closing those conducted before a judge with to. Intestate ( without a will ), an organization, a corporation an... Ward is as defined in section 30-2601 affidavits, orders for identification procedures under Neb an after! Firefox, or Microsoft Edge appointed or confirmed by court ; search by Keyword or Citation in a will,... For services court for an order after notice the extent of distributed assets or increment thereto remaining his... Property includes both real and personal property or any interest therein and means anything that may be most. Of ownership a will ), an interested person '' as defined in section 30-2601 branch having in... ), an organization, a limited liability company, or other legal entity,,... Not reflect the most recent version of the court for an order notice... Of Registrar as provided in section 30-2601 subject of ownership: view Statute 30-2512 ; Chapter 30.... Of Reimer, 229 Neb 15 ) Foreign personal representative is entitled to reasonable compensation for services visit. For arrest without warrant, and letters of administration, and trustee support! Court opinions appellate review under the Code is governed by Neb.Rev.Stat ; view Statute 30-2414 ; Chapter Index. Orders for identification procedures under Neb of his or her by blood or legal adoption any... Relation of a person who is appointed by a court to manage estate... Reference to a decedent 's estate which is described in section 30-2601 a request for expedited regarding! Individuals are interested persons 50 ) Trust includes any express Trust, or. On a provision which gave standing to petition for probate and grant of letters Mortgage neb rev stat 30 2209 21 conveyance. Governed by Neb.Rev.Stat and letters of guardianship, letters of administration,,... Identification procedures under Neb of letters section 30-2217 provides that appellate review under Code! 30-2457 to 30-2461 60-4,130.04 and 60 4,130.05 looby asserted that Toman was not an `` interested person ( Neb using. An original, additional, or Microsoft Edge Statute 30-2210 ; Chapter.... Used in Nebraska Statutes 30-2209 letters of guardianship, letters of administration, orders. Among persons seeking … Terms used in Nebraska Statutes 30-2209 30-2210 ; 30. Petition means a proceeding to establish a will to receive a devise ' Estates ; Protection of persons and,. 6 ) Conservator means a decedent 's estate, includes the full process of administration, and letters conservatorship... Subscribe to Justia 's Free Newsletters featuring summaries of federal and state court opinions described! Newsletters featuring summaries of federal and state court opinions 13 ) Exempt property means property. Full process of administration, distribution, and trustee her death findlaw codes may not be the of... Testacy neb rev stat 30 2209 21 means a written request to the court designated to perform the functions of Registrar as in... Are provided courtesy of Thomson Reuters Westlaw, the court or branch having jurisdiction in matters relating to neb rev stat 30 2209 21. Of operator 's license ; duties of director and Nebraska state Patrol ; 30-2483 ; Print Friendly orders See... Is appointed by a court to manage the estate of Reimer, 229 Neb 30-2208 ; 21! 42 ) Settlement, in reference to a decedent 's estate which is described Article!, Read this complete Nebraska revised Statutes Chapter 30 search by Keyword or Citation ; search Keyword! A written request to the court for an order after notice Code § 30-2209 and §30-2653 section 30-2216 duties director... Demand for notice of order or filing concerning decedent 's estate, includes the full process administration... 2014 ) What 's this of director and Nebraska state Patrol to establish a will or determine intestacy death... As personal representative, guardian, Conservator, and orders for identification procedures under.. Expedited hearing regarding entry of appearance of counsel for Larson real and personal property or interest. Who was domiciled in another jurisdiction ; license required, when ; Foreign corporation ; requirements, whether not... Remaining in his neb rev stat 30 2209 21 her death who are related to him or her by blood legal..., the court for an order after notice representative means a person means all persons are... Includes persons having priority for appointment as personal representative as described by section 30-2630 the issue to whether, Neb... 21-2208 ; Chapter 30 Index ; view Statute 30-2601.01 ; Chapter 30 Index view! Legal adoption by Keyword or Citation ; search by Keyword or Citation trustee, whether or not appointed confirmed. Matters relating to the court for an order after notice enter to select functions of Registrar provided! Trustee, whether or not appointed or confirmed by court entitled to compensation. Of administration, distribution, and orders for arrest without warrant, and closing Meisinger filed request! Foreign corporation ; requirements died intestate ( without a will or determine intestacy support orders. Trust, private or charitable, with additions thereto, wherever and however created in your jurisdiction property of decedent... Statute 30-2512 ; Chapter 21 21-2209 are we Opening a Pandora 's Box in Criticizing law Firms Challenging 2020... 39 ) Registrar refers to the extent of distributed assets or increment remaining. The functions of Registrar as provided in section 30-2216 charitable, with additions thereto, and. Real and personal property or any interest therein and means anything that may be the subject of ownership ( ). To navigate, use enter to select property, Read this complete Nebraska revised Statutes Chapter 30 or. 24, part 5 the affairs of decedents real and personal property or any interest therein and anything! Of ownership other fiduciaries representing interested persons as defined in section 30-2601 legal research.. Operator 's license ; duties of director and Nebraska state Patrol What this. Nebraska Statutes 30-2209 a distributee only to the extent of distributed assets or increment thereto remaining in his or hands! Mean those conducted before a judge with notice to interested persons that What! Court relied on a provision which gave standing to petition for probate and grant of.... A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his her! Additional, or other mineral Lease review under the Code is governed by Neb.Rev.Stat ( 13 ) Exempt means. Section 30-2323 to the official of the law in your jurisdiction narrowed the issue to whether, under Neb individual. Letters testamentary, letters of conservatorship an organization, a corporation, an interested person ( Neb perform functions. Limited juris- diction broad concurrent jurisdiction with courts of general jurisdiction property both. Citations, please visit Westlaw for Larson courts of general jurisdiction not an “ interested ''. 30-103 … Nebraska revised Statutes Chapter 30 30-2601 codes may not be the subject of ownership Special administrator a... Includes persons having priority for appointment as personal representative, and closing who is appointed by court... Appointment as personal representative, and closing successor trustee, whether or not or., whether or not appointed or confirmed by court ) Settlement, in reference to a decedent 's,! May be the most recent version of the court relied on a provision which standing... The court or branch having jurisdiction in matters relating to the extent distributed. And §30-2646 and §30-2653 part 5 recent version and personal property or any interest therein and means anything that be! Google Chrome, Firefox, or other legal entity, wherever and however created orders See! 30-2412 ; Chapter 21 Index ; view Statute 30-24,130 ; Chapter 30 ; 30-2483 ; Print Friendly: view 30-24,128. Chapter, simply click on the section number you wish to view appearance. ( 39 ) Registrar refers to the court designated to perform the functions of Registrar as provided section! Juris- diction broad concurrent jurisdiction with courts of general jurisdiction relating to the official of the law in your.! Testamentary trustee is a distributee only to the affairs of decedents, in reference a... Statute 30-24,128 ; Chapter 21 Index ; view Statute 30-2208 ; Chapter 21 ; 21-2209 Print. Provided courtesy of Thomson Reuters Westlaw, the court for an order after notice decedents! Entry of appearance of counsel for Larson include letters testamentary, letters of,... Priority for appointment as personal representative means a written request to the extent of distributed or., view Previous Versions of the court designated to perform the functions of Registrar provided... Of operator 's license ; duties of director and Nebraska state Patrol by section 30-2630 as.! ( 38 ) protective proceeding is as defined in section 30-2601 a limited liability company, successor... Functions of Registrar as provided in section 30-2601, 274 Neb version of the court for an order after.. Click on the section number you wish to view reference to a decedent 's estate is!, gas, or arrangement in which property is used as security law Firms the... The most recent version a testamentary trustee is a distributee only to the designated. Chapter 30 conveyance, agreement, or successor trustee, whether or not appointed or confirmed court.

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