Nebraska Revised Statutes

Neb. Rev. Stat. § 30-3892 (2026)

(UTC 1003) Damages in absence of breach

✓ current as of July 2026
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(UTC 1003) (a) A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.

(b) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Hohenstein v. Hohenstein (Neb. Ct. App. 2023).
Hohenstein v. Hohenstein (Neb. Ct. App. 2023). “While the district court did not abuse its discretion in awarding attorney fees under § 30-3892, the amount of attorney fees awarded was clearly for work above and beyond that attributable to just the trust matters.”
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