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Nebraska · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Neb. Rev. Stat. § 30-4509: Neb. Rev. Stat. § 30-4509

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Where this section sits in the code
  1. NE Code
  2. Chapter 30

(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.

Collected 2026-09-14T18:32:21Z. Source file · JSON

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