Nebraska § 30-3826 (UTC 305) Appointment of representative

Nebraska Statutes

§ 30-3826 — (UTC 305) Appointment of representative

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

(UTC 305) (a) If the court determines that an interest is not represented under sections 30-3822 to 30-3826 , or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.

(b)A representative may act on behalf of the individual represented with respect to any matter arising under the Nebraska Uniform Trust Code, whether or not a judicial proceeding concerning the trust is pending.

(c)In making decisions, a representative may consider general benefit accruing to the living members of the

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(UTC 305) (a) If the court determines that an interest is not represented under sections 30-3822 to 30-3826 , or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.
(b) A representative may act on behalf of the individual represented with respect to any matter arising under the Nebraska Uniform Trust Code, whether or not a judicial proceeding concerning the trust is pending.
(c) In making decisions, a representative may consider general benefit accruing to the living members of the individual's family.

Nebraska § 30-3826 ((UTC 305) Appointment of representative) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: Laws 2003, LB 130, § 26. Annotations: Under section 30-3837(b), the party seeking a modification of a trust must affirmatively demonstrate that all beneficiaries have consented to the modification. The issue of consent for unknown beneficiaries must be resolved pursuant to section 30-3825 and this section. In re Trust of Shire, 299 Neb. 25, 907 N.W.2d 263 (2018).