30-3880. (UTC 815) General powers of trustee.

192 words·~1 min read·/ne/chapter-30/30-3880

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(UTC 815)

(a)A trustee, without authorization by the court, may exercise:

(1)powers conferred by the terms of the trust; and

(2)except as limited by the terms of the trust:

(A)all powers over the trust property which an unmarried competent owner has over individually owned property;

(B)any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and

(C)any other powers conferred by the Nebraska Uniform Trust Code.

(b)The exercise of a power is subject to the fiduciary duties prescribed by sections 30-3866 to 30-3882 .

(c)The changes made to this section by Laws 2019, LB593, shall apply retroactively to August 30, 2015.

A trustee may exercise powers conferred by the Nebraska Uniform Trust Code, except as limited by the terms of the trust. In re William R. Zutavern Revocable Trust, 309 Neb. 542, 961 N.W.2d 807 (2021).

All powers of a trustee, whether express or implied, are held in a fiduciary capacity, and their exercise or nonexercise is subject to the fiduciary duties of trusteeship. In re William R. Zutavern Revocable Trust, 309 Neb. 542, 961 N.W.2d 807 (2021).