(UTC 111) (a) For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.
(b) Except as otherwise provided in subsection (c) of this section, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.
(c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under the Nebraska Uniform Trust Code or other applicable law. A spendthrift provision in the terms of the trust is presumed to constitute a material purpose of the trust.
(d) Matters that may be resolved by a nonjudicial settlement agreement include:
(1) the interpretation or construction of the terms of the trust;
(2) the approval of a trustee's report or accounting;
(3) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;
(4) the resignation or appointment of a trustee and the determination of a trustee's compensation;
(5) transfer of a trust's principal place of administration; and
(6) liability of a trustee for an action relating to the trust.
(e) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in sections 30-3822 to 30-3826 was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
Notes of Decisions
In re Trust Created by McGregor, 954 N.W.2d 612 (Neb. 2021).
· cites it 15× “Evelyn filed an answer requesting that the court find the agreement to be nonbinding and alleging that the agreement violates a material purpose of the trust; did not include all potential beneficiaries, such as the issue of Allen or Debra; and lacked consideration.”
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019).
· cites it 4× “at 168 (comment notes application - 644 - Nebraska Court of A ppeals A dvance Sheets 27 Nebraska A ppellate R eports IN RE TRUST CREATED BY AUGUSTIN of equitable deviation and that subsection (a) allows court to modify dispositive provisions of trust as well as its…”
Ryan v. Ryan, 987 N.W.2d 620 (Neb. 2023).
· cites it 6× “RYAN violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under [the NUTC] or other applicable law,” and § 30-3811(e) provides that “[a]ny interested person may request the court to approve a nonjudicial…”
In re Trust of Wegener, No. A-22-012 (Neb. Ct. App. Jan. 17, 2023).
· cites it 14× “Robin objected to the petition and filed a cross-petition requesting that the court enter an order pursuant to Neb. Rev. Stat. § 30-3811 (Reissue 2016) approving Amendments I and II to the Special Needs Trust as nonjudicial settlement agreements and enter a declaratory judgment…”
Neb. Rev. Stat. § 30-3811(a): 1 case
In re Trust Created by McGregor, 954 N.W.2d 612 (Neb. 2021).
“Evelyn filed an answer requesting that the court find the agreement to be nonbinding and alleging that the agreement violates a material purpose of the trust; did not include all potential beneficiaries, such as the issue of Allen or Debra; and lacked consideration.”
Neb. Rev. Stat. § 30-3811(b): 2 cases
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019).
“at 168 (comment notes application - 644 - Nebraska Court of A ppeals A dvance Sheets 27 Nebraska A ppellate R eports IN RE TRUST CREATED BY AUGUSTIN of equitable deviation and that subsection (a) allows court to modify dispositive provisions of trust as well as its…”
In re Trust of Wegener, No. A-22-012 (Neb. Ct. App. Jan. 17, 2023).
“Robin objected to the petition and filed a cross-petition requesting that the court enter an order pursuant to Neb. Rev. Stat. § 30-3811 (Reissue 2016) approving Amendments I and II to the Special Needs Trust as nonjudicial settlement agreements and enter a declaratory judgment…”
Neb. Rev. Stat. § 30-3811(c): 3 cases
In re Trust Created by McGregor, 954 N.W.2d 612 (Neb. 2021).
“Evelyn filed an answer requesting that the court find the agreement to be nonbinding and alleging that the agreement violates a material purpose of the trust; did not include all potential beneficiaries, such as the issue of Allen or Debra; and lacked consideration.”
Ryan v. Ryan, 987 N.W.2d 620 (Neb. 2023).
“RYAN violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under [the NUTC] or other applicable law,” and § 30-3811(e) provides that “[a]ny interested person may request the court to approve a nonjudicial…”
In re Trust of Wegener, No. A-22-012 (Neb. Ct. App. Jan. 17, 2023).
“Robin objected to the petition and filed a cross-petition requesting that the court enter an order pursuant to Neb. Rev. Stat. § 30-3811 (Reissue 2016) approving Amendments I and II to the Special Needs Trust as nonjudicial settlement agreements and enter a declaratory judgment…”
Neb. Rev. Stat. § 30-3811(d): 1 case
In re Trust Created by McGregor, 954 N.W.2d 612 (Neb. 2021).
“Evelyn filed an answer requesting that the court find the agreement to be nonbinding and alleging that the agreement violates a material purpose of the trust; did not include all potential beneficiaries, such as the issue of Allen or Debra; and lacked consideration.”
Neb. Rev. Stat. § 30-3811(d)(1): 1 case
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019).
“at 168 (comment notes application - 644 - Nebraska Court of A ppeals A dvance Sheets 27 Nebraska A ppellate R eports IN RE TRUST CREATED BY AUGUSTIN of equitable deviation and that subsection (a) allows court to modify dispositive provisions of trust as well as its…”
Neb. Rev. Stat. § 30-3811(e): 3 cases
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019).
“at 168 (comment notes application - 644 - Nebraska Court of A ppeals A dvance Sheets 27 Nebraska A ppellate R eports IN RE TRUST CREATED BY AUGUSTIN of equitable deviation and that subsection (a) allows court to modify dispositive provisions of trust as well as its…”
Ryan v. Ryan, 987 N.W.2d 620 (Neb. 2023).
“RYAN violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under [the NUTC] or other applicable law,” and § 30-3811(e) provides that “[a]ny interested person may request the court to approve a nonjudicial…”
In re Trust of Wegener, No. A-22-012 (Neb. Ct. App. Jan. 17, 2023).
“Robin objected to the petition and filed a cross-petition requesting that the court enter an order pursuant to Neb. Rev. Stat. § 30-3811 (Reissue 2016) approving Amendments I and II to the Special Needs Trust as nonjudicial settlement agreements and enter a declaratory judgment…”
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