Nebraska § 30-4707 Other remedies available at death

Nebraska Statutes

§ 30-4707 — Other remedies available at death

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

(a)At the death of a community-property spouse, the surviving community-property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of:

(1)the surviving community-property spouse or decedent during the marriage or other relationship under which community property then could be acquired; or

(2)the decedent that takes effect at the death of the decedent.

(b)In determining a right under subsection (a) of this section and corresponding remedy, the court:

(1)shall apply equitable principles; and

(2)may consider the community property law of the jurisdiction where the decedent or surviving community-property spouse was domiciled when property was acquired or enhanced.

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(a) At the death of a community-property spouse, the surviving community-property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of:
(1) the surviving community-property spouse or decedent during the marriage or other relationship under which community property then could be acquired; or
(2) the decedent that takes effect at the death of the decedent.
(b) In determining a right under subsection (a) of this section and corresponding remedy, the court:
(1) shall apply equitable principles; and
(2) may consider the community property law of the jurisdiction where the decedent or surviving community-property spouse was domiciled when property was acquired or enhanced.

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