Nebraska § 30-3890 (UTC 1001) Remedies for breach of trust

Nebraska Statutes

§ 30-3890 — (UTC 1001) Remedies for breach of trust

Nebraska § 30-3890

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

This text of Nebraska § 30-3890 ((UTC 1001) Remedies for breach of trust) 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. § 30-3890 (2026).

Text

(UTC 1001) (a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.

(b)To remedy a breach of trust that has occurred or may occur, the court may:

(1)compel the trustee to perform the trustee's duties;

(2)enjoin the trustee from committing a breach of trust;

(3)compel the trustee to redress a breach of trust by paying money, restoring property, or other means;

(4)order a trustee to account;

(5)appoint a special fiduciary to take possession of the trust property and administer the trust;

(6)suspend the trustee;

(7)remove the trustee as provided in section 30-3862 ;

(8)reduce or deny compensation to the trustee;

(9)subject to section 30-38,101 , void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust

Free access — add to your briefcase to read the full text and ask questions with AI

(UTC 1001) (a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(b) To remedy a breach of trust that has occurred or may occur, the court may:
(1) compel the trustee to perform the trustee's duties;
(2) enjoin the trustee from committing a breach of trust;
(3) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
(4) order a trustee to account;
(5) appoint a special fiduciary to take possession of the trust property and administer the trust;
(6) suspend the trustee;
(7) remove the trustee as provided in section 30-3862 ;
(8) reduce or deny compensation to the trustee;
(9) subject to section 30-38,101 , void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or
(10) order any other appropriate relief.

Legislative History

Source: Laws 2003, LB 130, § 90. Annotations: An accounting is ordinarily an appropriate remedy for a breach of a trustee’s duty to inform and report on a trust and its administration. In re Rolf H. Brennemann Testamentary Trust, 288 Neb. 389, 849 N.W.2d 458 (2014). A beneficiary of property left to a trust has standing to raise the trustee's self-dealing and to seek damages, an accounting, and a constructive trust. In re Estate of Hedke, 278 Neb. 727, 775 N.W.2d 13 (2009). When a trustee unduly delays distributions from a trust, the trustee has breached a duty of care owed to a beneficiary, and the violation of that duty is a breach of trust. In re Trust Created by Augustin, 27 Neb. App. 593, 935 N.W.2d 493 (2019). Under subsection (b) of this section, the court has various options available to remedy a violation by a trustee of a duty the trustee owes to a beneficiary. In re Louise v. Steinhoefel Trust, 22 Neb. App. 293, 854 N.W.2d 792 (2014).