§ 30-4509 — Court involvement

Nebraska § 30-4509

• Jurisdiction: Nebraska
• Ch. 30: Decedents' Estates; Protection of Persons and Property

Text

(a) On application of an authorized fiduciary, a person entitled to notice under subsection (c) of section 30-4507 , a beneficiary, or with respect to a charitable interest the Attorney General or other person that has standing to enforce the charitable interest, the court may:
(1) provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under the Uniform Trust Decanting Act and consistent with the fiduciary duties of the authorized fiduciary;
(2) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under the act and to exercise the decanting power;
(3) approve an exercise of the decanting power;
(4) determine that a proposed or attempted exercise of the decanting power is ineffective because:
(A) after applying section 30-4522 , the proposed or attempted exercise does not or did not comply with the act; or
(B) the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;
(5) determine the extent to which section 30-4522 applies to a prior exercise of the decanting power;
(6) provide instructions to the trustee regarding the application of section 30-4522 to a prior exercise of the decanting power; or
(7) order other relief to carry out the purposes of the act.
(b) On application of an authorized fiduciary, the court may approve:
(1) an increase in the fiduciary's compensation under section 30-4516 ; or
(2) a modification under section 30-4518 of a provision granting a person the right to remove or replace the fiduciary.

Legislative History

Source: Laws 2020, LB808, § 19.