Nebraska § 30-2473 Improper exercise of power; breach of fiduciary duty

Nebraska Statutes

§ 30-2473 — Improper exercise of power; breach of fiduciary duty

Nebraska § 30-2473

Ch. 30Decedents' Estates; Protection of Persons and Property

This text of Nebraska § 30-2473 (Improper exercise of power; breach of fiduciary duty) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 30-2473 (2026).

Text

If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative shall be determined as provided in sections  30-2474  and  30-2475 .

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Legislative History

Source: Laws 1974, LB 354, § 151, UPC § 3-712. Annotations: A motion to surcharge a personal representative is properly brought within the probate proceeding, because the facts underlying such motions ultimately concern the probate of the decedent's will and the distribution of the decedent's property. In re Estate of Graham, 301 Neb. 594, 919 N.W.2d 714 (2018).