The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under section 30-2607, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated if, before acceptance, both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority. This state recognizes a testamentary appointment effected by filing the guardian's acceptance under a will probated in another state which is the testator's domicile. Upon acceptance of appointment, written notice of acceptance must be given by the guardian to the minor and to the person having his care, or to his nearest adult relation.
Notes of Decisions
In Re Est. of Jeffrey B., 688 N.W.2d 135 (Neb. 2004).
· cites it 2× “§ 30-2606. Section 30-2605 provides that “[a] person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court.”
Waters v. Ricketts, 48 F. Supp. 3d 1271 (D. Neb. 2015).
· cites it 2× “, Neb.Rev. Stat. § 30-2606 (entitling a parent to appoint by will a guardian of an unmarried minor, subject to consideration of the minor’s wishes after age 14, and subject to court supervision); Neb.”
In Re Guardianship & Conservatorship of McDowell, 762 N.W.2d 615 (Neb. Ct. App. 2009).
· cites it 6× “§ 30-2607 (Reissue 2008) was misplaced, because such statute allows for minor children, age 14 and older, to *618 object to a testamentary appointment of a guardian made under Neb.Rev.Stat. § 30-2606 (Reissue 2008), and neither Isaac nor Marianna was yet age 14.”
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