(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, 308 Neb. 405 (Neb. 2021).
· cites it 15× “On July 25, 2018, pursuant to Neb. Rev. Stat. § 30-3811 (Reissue 2016), Allen filed this action in the county court for Hayes County seeking approval of the agreement and an order requiring compliance with the terms of the agreement.”
Ryan v. Ryan, 313 Neb. 938 (Neb. 2023).
· cites it 6× “On October 7, 2021, Constance filed a “Motion for Review of Settlement Agreement,” in which she requested review of the settlement agreement between Stacy and the Ryan Defendants pursuant to Neb. Rev. Stat. § 30-3811 (Reissue 2016).”
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019).
· cites it 4× “593 However, without the consent of the three brothers to enter into such an agreement under the requirements of § 30-3811 discussed above, it was necessary for the trustees to seek court approval, as Kirtus and Rocky did, to modify the pertinent dispositive provisions in the…”
In re Trust of Wegener (Neb. Ct. App. 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, 308 Neb. 405 (Neb. 2021).
“On July 25, 2018, pursuant to Neb. Rev. Stat. § 30-3811 (Reissue 2016), Allen filed this action in the county court for Hayes County seeking approval of the agreement and an order requiring compliance with the terms of the agreement.”
— Neb. Rev. Stat. § 30-3811(b) — 2 cases
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019).
“593 However, without the consent of the three brothers to enter into such an agreement under the requirements of § 30-3811 discussed above, it was necessary for the trustees to seek court approval, as Kirtus and Rocky did, to modify the pertinent dispositive provisions in the…”
In re Trust of Wegener (Neb. Ct. App. 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, 308 Neb. 405 (Neb. 2021).
“On July 25, 2018, pursuant to Neb. Rev. Stat. § 30-3811 (Reissue 2016), Allen filed this action in the county court for Hayes County seeking approval of the agreement and an order requiring compliance with the terms of the agreement.”
Ryan v. Ryan, 313 Neb. 938 (Neb. 2023).
“On October 7, 2021, Constance filed a “Motion for Review of Settlement Agreement,” in which she requested review of the settlement agreement between Stacy and the Ryan Defendants pursuant to Neb. Rev. Stat. § 30-3811 (Reissue 2016).”
In re Trust of Wegener (Neb. Ct. App. 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, 308 Neb. 405 (Neb. 2021).
“On July 25, 2018, pursuant to Neb. Rev. Stat. § 30-3811 (Reissue 2016), Allen filed this action in the county court for Hayes County seeking approval of the agreement and an order requiring compliance with the terms of the agreement.”
— Neb. Rev. Stat. § 30-3811(d)(1) — 1 case
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019).
“593 However, without the consent of the three brothers to enter into such an agreement under the requirements of § 30-3811 discussed above, it was necessary for the trustees to seek court approval, as Kirtus and Rocky did, to modify the pertinent dispositive provisions in the…”
— Neb. Rev. Stat. § 30-3811(e) — 3 cases
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019).
“593 However, without the consent of the three brothers to enter into such an agreement under the requirements of § 30-3811 discussed above, it was necessary for the trustees to seek court approval, as Kirtus and Rocky did, to modify the pertinent dispositive provisions in the…”
Ryan v. Ryan, 313 Neb. 938 (Neb. 2023).
“On October 7, 2021, Constance filed a “Motion for Review of Settlement Agreement,” in which she requested review of the settlement agreement between Stacy and the Ryan Defendants pursuant to Neb. Rev. Stat. § 30-3811 (Reissue 2016).”
In re Trust of Wegener (Neb. Ct. App. 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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