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Current as of January 01, 2024 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 30. Decedents' Estates; Protection of Persons and Property § 30-4509. Court involvement - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-30-decedents-estates-protection-of-persons-and-property/ne-rev-st-sect-30-4509/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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