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

Neb. Rev. Stat. § 30-3890 (2026)

(UTC 1001) Remedies for breach of trust

✓ current as of July 2026
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(UTC 1001) (a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.

(b) To remedy a breach of trust that has occurred or may occur, the court may:

(1) compel the trustee to perform the trustee's duties;

(2) enjoin the trustee from committing a breach of trust;

(3) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;

(4) order a trustee to account;

(5) appoint a special fiduciary to take possession of the trust property and administer the trust;

(6) suspend the trustee;

(7) remove the trustee as provided in section 30-3862;

(8) reduce or deny compensation to the trustee;

(9) subject to section 30-38,101, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or

(10) order any other appropriate relief.

Notes of Decisions
Cited in 15 cases (5 in the last 5 years), 2007–2025 · leading case: In re Robert L. McDowell Revocable Trust, 296 Neb. 565 (Neb. 2017).
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In re Robert L. McDowell Revocable Trust, 296 Neb. 565 (Neb. 2017). · cites it 10× “According to Neb. Rev. Stat. § 30-3890 (Reissue 2016), a viola- tion by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.”
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019). · cites it 2× “See § 30-3890 (remedies for breach of trust include, among other things, compelling performance; - 624 - Nebraska Court of A ppeals A dvance Sheets 27 Nebraska A ppellate R eports IN RE TRUST CREATED BY AUGUSTIN Cite as 27 Neb.”
In re Masek Fam. Trust, 318 Neb. 268 (Neb. 2025). · cites it 2× “See Neb. Rev. Stat. §§ 30-3890 and 30-3891 (Reissue 2016).”
In re Rolf H. Brennemann Testamentary Trust, 288 Neb. 389 (Neb. 2014). · cites it 5× “19 See § 30-3890. 20 See, e.g., In re Estate of Marlin, 140 Neb.”
In re Masek Fam. Trust, 977 N.W.2d 919 (Neb. 2022). · cites it 2× “, the beneficiary is personally liable to the trust for all or part of the loss, as appropriate.”
In Re Charles C. Wells Revocable Trust, 734 N.W.2d 323 (Neb. Ct. App. 2007). · cites it 4× “(c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under subsection (b) of section 30-3890 as may be necessary to protect the trust property or the interests of the…”
In re Trust of Bresel (Neb. Ct. App. 2016). · cites it 3× “The Trust Code does not provide a theory of recovery against non-trustees.”
In re Louise v. Steinhoefel Trust (Neb. Ct. App. 2014). · cites it 5× “Under Neb. Rev. Stat. § 30-3890 (b) (Reissue 2008), the court may impose various equitable relief to remedy a violation by a trustee of a duty the trustee owes to a beneficiary.”
In re Henry B. Wilson, Jr., Revocable Trust (Neb. Ct. App. 2017). · cites it 2× “See Neb. Rev. Stat. § 30-3890 (Reissue 2016).”
In re Trust of Barr (Neb. Ct. App. 2020). · cites it 2× “] Under Neb. Rev. Stat. § 30-3890 (Reissue 2016), “[a] violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.”
Hohenstein v. Hohenstein (Neb. Ct. App. 2023). · cites it 2× “In essence, I read the brief for the appellees plaintiffs as arguing that the beneficiaries’ three claims against the trusts were in essence derivative claims on behalf of all of the beneficiaries, including Sarah, based upon their aligned interests, although no such procedure…”
In re Rolf H. Brennemann Testamentary Trust (Neb. Ct. App. 2013). · cites it 3× “Neb. Rev. Stat. § 30-3890 (Reissue 2008) provides that the remedy for a trustee’s violating a fiduciary duty ranges from compelling the trustee’s performance to monetary redress to restoring the trust.”
Show all 15 citing cases →
— Neb. Rev. Stat. § 30-3890(a) — 1 case
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019). “See § 30-3890 (remedies for breach of trust include, among other things, compelling performance; - 624 - Nebraska Court of A ppeals A dvance Sheets 27 Nebraska A ppellate R eports IN RE TRUST CREATED BY AUGUSTIN Cite as 27 Neb.”
— Neb. Rev. Stat. § 30-3890(b) — 3 cases
In re Robert L. McDowell Revocable Trust, 296 Neb. 565 (Neb. 2017). “According to Neb. Rev. Stat. § 30-3890 (Reissue 2016), a viola- tion by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.”
In Re Charles C. Wells Revocable Trust, 734 N.W.2d 323 (Neb. Ct. App. 2007). “(c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under subsection (b) of section 30-3890 as may be necessary to protect the trust property or the interests of the…”
In re Louise v. Steinhoefel Trust (Neb. Ct. App. 2014). “Under Neb. Rev. Stat. § 30-3890 (b) (Reissue 2008), the court may impose various equitable relief to remedy a violation by a trustee of a duty the trustee owes to a beneficiary.”
— Neb. Rev. Stat. § 30-3890(b)(1) — 1 case
In re Robert L. McDowell Revocable Trust, 296 Neb. 565 (Neb. 2017). “According to Neb. Rev. Stat. § 30-3890 (Reissue 2016), a viola- tion by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.”
— Neb. Rev. Stat. § 30-3890(b)(10) — 2 cases
In re Robert L. McDowell Revocable Trust, 296 Neb. 565 (Neb. 2017). “According to Neb. Rev. Stat. § 30-3890 (Reissue 2016), a viola- tion by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.”
In re Rolf H. Brennemann Testamentary Trust, 288 Neb. 389 (Neb. 2014). “19 See § 30-3890. 20 See, e.g., In re Estate of Marlin, 140 Neb.”
— Neb. Rev. Stat. § 30-3890(b)(3) — 1 case
In re Robert L. McDowell Revocable Trust, 296 Neb. 565 (Neb. 2017). “According to Neb. Rev. Stat. § 30-3890 (Reissue 2016), a viola- tion by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.”
— Neb. Rev. Stat. § 30-3890(b)(9) — 1 case
In re Robert L. McDowell Revocable Trust, 296 Neb. 565 (Neb. 2017). “According to Neb. Rev. Stat. § 30-3890 (Reissue 2016), a viola- tion by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.”
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