Neb. Rev. Stat. » Chapter 30
Nebraska Revised Statutes

Neb. Rev. Stat. § 30-3868 (2026)

(UTC 803) Impartiality

✓ current as of July 2026
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(UTC 803) If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2007–2021 · leading case: In Re Trust of Rosenberg, 727 N.W.2d 430 (Neb. 2007).
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In Re Trust of Rosenberg, 727 N.W.2d 430 (Neb. 2007). · cites it 4× “” Neb. Rev. Stat. § 30-3868 (Cum. Supp. 2006).”
In Re Est. of Hedke, 775 N.W.2d 13 (Neb. 2009). · cites it 2× “[68] See, Neb.Rev.Stat. § 30-3868 (Reissue 2008); Restatement (Third), supra note 47, § 79.”
In re Conservatorship of Abbott, 890 N.W.2d 469 (Neb. 2017). · cites it 3× “30 [17,18] Mark contends that the court did not have the authority to consider whether he breached his fiduciary duty of impartiality under § 30-3868, because Russell and Cynthia did not plead violation of that duty in their petition.”
In re Est. of Stuchlik, 289 Neb. 673 (Neb. 2014). · cites it 2× “26 § 30-3868. 27 Id. 28 Restatement, supra note 23, § 79 at 129 (emphasis supplied).”
In re William R. Zutavern Revocable Trust, 309 Neb. 542 (Neb. 2021). “ly Trust in the following ways: failing to administer the Family Trust in good faith; failing to properly report and account Family Trust assets to Shawn and Russell, in violation of § 30-3878; voting WZCC stock in a manner contrary to the best interests of Shawn and Russell, in…”
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