Uniform Simultaneous Death Act
Revised Uniform Fiduciary Access to Digital Assets Act (2015)
Health Care Surrogacy Act
Uniform Principal and Income Act
Nebraska Uniform Custodial Trust Act
Uniform Testamentary Additions to Trusts Act (1991)
Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Nebraska Uniform Power of Attorney Act
Public Guardianship Act
§ 30-103.01 Interest of surviving spouse; determination prior to payment of federal or state estate taxes
§ 30-104 Dower and curtesy, abolished
§ 30-241 Devise to state; acceptance; Governor;when
§ 30-242 Devise to state; acceptance; Governor; designation of department or agency
§ 30-243 Devise to state; money; deposited with State Treasurer
§ 30-333 Probate, administration, guardianship; subjects of foreign countries interested; notice to consular representative; when required
§ 30-401 Terms, defined
§ 30-402 Property, claims, or rights of deceased or ward; interested person establish; complaint; effect
§ 30-403 Complaint; person cited; failure to comply; penalty
§ 30-404 Person entrusted with part of the estate; complaint; account; failure to account; penalty
§ 30-405 Conservator or guardian; complaint; account; failure to account; penalty
§ 30-406 Complaint; person cited; proceedings; where held; failure to appear or answer interrogatories; penalty; appointment of special administrator or other special fiduciary
§ 30-701 Terms, defined
§ 30-702 Legislative intent
§ 30-703 Petition to compel visitation; court findings; factors
§ 30-704 Emergency hearing; temporary orders
§ 30-705 Costs and attorney’s fees; remedies
§ 30-706 Petition; contents; confidential; stay; when
§ 30-707 Simultaneous proceedings; how treated
§ 30-708 Appointment of guardian ad litem or visitor
§ 30-709 Jurisdiction; venue; court rules; notice; appeal; retention of jurisdiction
§ 30-710 Order; appeal
§ 30-711 Court; examine evidence; issue discovery orders
§ 30-712 Visitation schedule; civil contempt; remedies
§ 30-713 Burden of proof
§ 30-809 Wrongful death; action authorized
§ 30-810 Action for wrongful death; limitation; in whose name brought; judgment; disposition of avails; compromise of claim; procedure
§ 30-901 Copersonal representatives, cotrustees, coguardians, or coconservators; authority to act
§ 30-1601 Appeal; procedure; operate as supersedeas; when; appellant; pay costs; when
§ 30-2201 Short title
§ 30-2202 Purposes; rule of construction
§ 30-2203 Supplementary general principles of law applicable
§ 30-2204 Severability
§ 30-2205 Construction against implied repeal
§ 30-2206 Effect of fraud and evasion
§ 30-2207 Evidence as to death or status
§ 30-2208 Acts by holder of general power
§ 30-2209 General definitions
§ 30-2210 Territorial application
§ 30-2211 Subject matterjurisdiction
§ 30-2211.01 Minor; fees and costs
§ 30-2212 Venue; multiple proceedings; transfer
§ 30-2213 Supreme Court; establish rules; uniform administration, proceedings, and practice
§ 30-2214 Clerk of court shall keep records and certified copies
§ 30-2215 Mailing published notice; proof
§ 30-2216 Registrar; powers
§ 30-2217 Appeals; manner
§ 30-2218 Clerk magistrates; assignment of matters
§ 30-2219 Oath, affirmation, or statement on filed documents; perjury; penalty
§ 30-2220 Notice of hearing; method and time of giving
§ 30-2221 Notice; other requirements; waiver
§ 30-2222 Pleadings; when parties bound by others; notice
§ 30-2223 Right of disposition of remains andfuneral arrangements; powers and duties; petition filed with court; considerations;court order
§ 30-2301 Intestate estate
§ 30-2302 Share of thespouse
§ 30-2303 Share of heirs other than surviving spouse
§ 30-2304 Requirement that heir survive decedent for one hundred twenty hours
§ 30-2305 Escheat; no taker
§ 30-2306 Representation
§ 30-2307 Kindred of half blood
§ 30-2308 Afterborn heirs
§ 30-2309 Meaning of child and related terms
§ 30-2310 Advancements; method of determining
§ 30-2311 Debts to decedent; retainer
§ 30-2312 Alienage; conditions
§ 30-2313 Right to elective share; validity of certain conveyances
§ 30-2314 Augmented estate
§ 30-2315 Right of election personal to surviving spouse
§ 30-2316 Waiver of right to elect and of other rights; enforceability
§ 30-2317 Proceeding for elective share; time limit
§ 30-2318 Effect of election benefits by will or statute
§ 30-2319 Charging spouse with gifts received; liability of others for balance of elective share
§ 30-2320 Omitted spouse
§ 30-2321 Pretermitted children
§ 30-2322 Homestead allowance
§ 30-2323 Exempt property
§ 30-2324 Family allowance
§ 30-2325 Source, determination,and documentation
§ 30-2326 Who may make a will
§ 30-2327 Execution
§ 30-2328 Holographic will
§ 30-2329 Self-proved will
§ 30-2330 Who may witness; interested witness; intestate share
§ 30-2331 Choice of law as to execution
§ 30-2332 Revocation by writing or by act
§ 30-2333 Revocation by divorce or annulment; no revocation by other changes of circumstances
§ 30-2334 Revival of revoked will
§ 30-2335 Incorporation by reference
§ 30-2337 Events of independent significance
§ 30-2338 Separate writing identifying bequest of tangible property
§ 30-2339 Requirement that devisee survive testator by one hundred twenty hours
§ 30-2340 Choice of law as to meaning and effect of wills
§ 30-2341 Rules of construction and intention
§ 30-2342 General residuary clause; construction that will passes all property; after-acquired property
§ 30-2342.01 Gift for benevolent purpose; validity;court; powers; notice to Attorney General
§ 30-2342.02 Terms relating to federal estateand generation-skipping transfer taxes; how construed
§ 30-2343 Anti-lapse; deceased devisee; class gifts
§ 30-2344 Failure of testamentary provision
§ 30-2345 Change in securities; accessions; nonademption
§ 30-2346 Nonademption of specific devises in certain cases; sale by conservator; unpaid proceeds of sale, condemnation, or insurance
§ 30-2347 Nonexoneration
§ 30-2348 Exercise of power of appointment
§ 30-2349 Construction of generic terms to accord with relationships as defined for intestate succession
§ 30-2350 Ademption by satisfaction
§ 30-2351 Contracts concerning succession
§ 30-2352 Renunciationof succession
§ 30-2353 Effect of divorce, annulment, and decree of separation
§ 30-2354 Effect of homicideon intestate succession, wills, joint assets, life insurance, and beneficiarydesignations
§ 30-2355 Deposit of will with court in testator’s lifetime
§ 30-2356 Duty of custodian of will; liability
§ 30-2401 Devolution of estate at death; restrictions
§ 30-2402 Necessity of order of probate for will; certified; evidence
§ 30-2403 Necessity of appointment for administration
§ 30-2404 Claims against decedent; necessity of administration
§ 30-2405 Proceedings affecting devolution and administration; jurisdiction of subject matter
§ 30-2406 Proceedings within the exclusive jurisdiction of court; service; jurisdiction over persons
§ 30-2407 Scope of proceedings; proceedings independent; exception
§ 30-2408 Probate, testacy, and appointment proceedings; ultimate time limit
§ 30-2409 Statutes of limitation on decedent’s cause of action
§ 30-2409.01 Access to safe deposit box; custodian;duties; expenses; affidavit; contents; purported will; how treated; deed toburial plot or burial instructions
§ 30-2410 Venue for first and subsequent estate proceedings; location of property
§ 30-2411 Appointment or testacy proceedings; conflicting claim of domicile in another state
§ 30-2412 Priority among persons seeking appointment as personal representative
§ 30-2413 Demand for notice of order or filing concerning decedent’s estate
§ 30-2414 Informal probate or appointment proceedings; application; contents
§ 30-2415 Informal probate; duty of registrar; effect of informal probate
§ 30-2416 Informal probate; proof and findings required
§ 30-2417 Informal probate; unavailable in certain cases
§ 30-2418 Informal probate; registrar not satisfied
§ 30-2419 Informal probate; notice; requirements
§ 30-2420 Informal appointment proceedings; delay in order; duty of registrar; effect of appointment
§ 30-2421 Informal appointment proceedings; proof and findings required
§ 30-2422 Informal appointment proceedings; registrar not satisfied
§ 30-2423 Informal appointment proceedings; notice requirements
§ 30-2424 Informal appointment unavailable in certain cases
§ 30-2425 Formal testacy proceedings; nature; when commenced
§ 30-2426 Formal testacy or appointment proceedings; petition; contents
§ 30-2427 Formal testacy proceeding; notice of hearing on petition
§ 30-2428 Formal testacy proceedings; written objections to probate
§ 30-2429 Formal testacy proceedings; uncontested cases; hearings and proof
§ 30-2429.01 Formal testacy proceedings; objection; informal probate; petition to set aside; transfer to district court; procedure; fees
§ 30-2430 Formal testacy proceedings; contested cases; testimony of attesting witnesses
§ 30-2431 Formal testacy proceedings; burdens in contested cases
§ 30-2432 Formal testacy proceedings; will construction; effect of final order in another jurisdiction
§ 30-2433 Formal testacy proceedings; order; foreign will
§ 30-2434 Formal testacy proceedings; probate of more than one instrument
§ 30-2435 Formal testacy proceedings; partial intestacy
§ 30-2436 Formal testacy proceedings; effect of order; vacation
§ 30-2437 Formal testacy proceedings; vacation of order for other cause
§ 30-2438 Formal proceedings concerning appointment of personal representative
§ 30-2439 Supervised administration; nature of proceeding
§ 30-2440 Supervised administration; petition; order
§ 30-2441 Supervised administration; effect on other proceedings
§ 30-2442 Supervised administration; powers of personal representative
§ 30-2443 Supervised administration; interim orders; distribution and closing orders
§ 30-2444 Qualification
§ 30-2445 Acceptance of appointment; consent to jurisdiction
§ 30-2446 Bond required; exceptions; when court may require; required when value of estate will not permit summary procedures
§ 30-2447 Bond amount; security; procedure; reduction
§ 30-2448 Demand for bond by interested person
§ 30-2449 Terms and conditions of bonds
§ 30-2450 Order restraining personal representative; hearing
§ 30-2451 Termination of appointment; general
§ 30-2452 Termination of appointment; death or disability
§ 30-2453 Termination of appointment; voluntary
§ 30-2454 Termination of appointment by removal; cause; procedure
§ 30-2455 Termination of appointment; change of testacy status
§ 30-2456 Successor personal representative
§ 30-2457 Special administrator; appointment
§ 30-2458 Special administrator; who may be appointed
§ 30-2459 Special administrator; appointed informally; powers and duties
§ 30-2460 Special administrator; formal proceedings; powers and duties
§ 30-2461 Termination of appointment; special administrator
§ 30-2462 Time of accrual of duties and powers
§ 30-2463 Priority among different letters
§ 30-2464 General duties; relation and liability to persons interested in estate; standing to sue
§ 30-2465 Personal representative to proceed without court order; exception
§ 30-2467 Duty of personal representative; inventory and appraisal
§ 30-2468 Employment of appraisers
§ 30-2469 Duty of personal representative; supplementary inventory
§ 30-2470 Duty of personal representative; possession of estate
§ 30-2471 Power to avoid transfers
§ 30-2472 Powers of personal representatives; in general
§ 30-2473 Improper exercise of power; breach of fiduciary duty
§ 30-2474 Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions
§ 30-2475 Persons dealing with personal representative; protection
§ 30-2476 Transactions authorized for personalrepresentatives; exceptions
§ 30-2477 Powers and duties of successor personal representative
§ 30-2478 Corepresentatives; when joint action required
§ 30-2479 Powers of surviving personal representative
§ 30-2480 Compensation of personal representative
§ 30-2481 Expenses in estate litigation
§ 30-2482 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate
§ 30-2483 Notice to creditors
§ 30-2484 Statutes of limitations
§ 30-2485 Limitationson presentation of claims
§ 30-2486 Manner of presentation of claims
§ 30-2487 Payment ofclaims; order
§ 30-2488 Allowance of claims; transfer of certain claims; procedures
§ 30-2489 Payment of claims
§ 30-2490 Individual liability of personal representative
§ 30-2491 Secured claims
§ 30-2492 Claims not due and contingent or unliquidated claims
§ 30-2493 Counterclaims
§ 30-2494 Execution and levies prohibited
§ 30-2495 Compromise of claims
§ 30-2496 Encumbered assets
§ 30-2497 Administration in more than one state; duty of personal representative
§ 30-2498 Final distribution to domiciliary representative
§ 30-2499 Successors’ rights if no administration
§ 30-24,100 Distribution; order in which assets appropriated; abatement
§ 30-24,101 Right of retainer
§ 30-24,102 Interest on general pecuniary devise
§ 30-24,103 Penalty clause for contest
§ 30-24,104 Distribution in kind; valuation; method
§ 30-24,105 Distribution in kind; evidence
§ 30-24,106 Distribution; right or title of distributee
§ 30-24,107 Improper distribution; liability of distributee
§ 30-24,108 Purchases from distributees protected
§ 30-24,109 Partition for purpose of distribution
§ 30-24,110 Private agreements among successors to decedent binding on personal representative
§ 30-24,111 Distributions to trustee
§ 30-24,112 Disposition of unclaimed assets
§ 30-24,113 Distribution to persons under disability
§ 30-24,114 Apportionment of estate taxes
§ 30-24,115 Formal proceedings terminating administration, testate or intestate; order of general protection
§ 30-24,116 Formal proceedings terminating testate administration; order construing will without adjudicating testacy
§ 30-24,117 Closing estates; by sworn statement of personal representative
§ 30-24,118 Liability of distributees to claimants
§ 30-24,119 Limitations on proceedings against personal representative
§ 30-24,120 Limitations on actions and proceedings against distributees
§ 30-24,121 Certificate discharging liens securing fiduciary performance
§ 30-24,122 Subsequent administration
§ 30-24,123 Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons
§ 30-24,124 Procedure for securing court approval of compromise
§ 30-24,125 Collectionof personal property by affidavit
§ 30-24,126 Effect of affidavit
§ 30-24,127 Small estates; summary administrative procedure
§ 30-24,128 Small estates; closing by sworn statement of personal representative
§ 30-24,129 Successionto real property by affidavit
§ 30-24,130 Effect of affidavit
§ 30-2501 Definitions
§ 30-2502 Payment of debt and delivery of property to domiciliary foreign personal representative without local administration
§ 30-2503 Payment or delivery discharges
§ 30-2504 Resident creditor notice
§ 30-2505 Proof of authority; bond
§ 30-2506 Powers
§ 30-2507 Power of representatives in transition
§ 30-2508 Ancillary and other local administrations; provisions governing
§ 30-2509 Jurisdiction by act of foreign personal representative
§ 30-2510 Jurisdiction by act of decedent
§ 30-2511 Service on foreign personal representative
§ 30-2512 Effect of adjudication for or against personal representative
§ 30-2601 Definitions and use of terms
§ 30-2601.01 Guardiansand conservators; training curricula
§ 30-2601.02 Legislative intent
§ 30-2602 Jurisdiction of subject matter; consolidation of proceedings
§ 30-2602.01 Ex parte orders; authorized; violation;penalty
§ 30-2602.02 Guardian or conservator; national criminal history record check; report; waiver by court
§ 30-2603 Payment or delivery to minor
§ 30-2604 Delegation of powersby parent or guardian
§ 30-2605 Status of guardian of minor; general
§ 30-2606 Testamentary appointment of guardian of minor; notice
§ 30-2607 Objection by minor of fourteen or older to testamentary appointment
§ 30-2608 Natural guardians; court appointment of guardian of minor; standby guardian; conditions for appointment; child born out of wedlock; additional considerations; filings
§ 30-2609 Court appointment of guardian of minor; venue
§ 30-2610 Court appointment of guardian of minor; qualification; priority of minor’s nominee
§ 30-2611 Court appointment of guardian of minor; procedure
§ 30-2612 Consent to service by acceptance of appointment; notice
§ 30-2613 Powers andduties of guardian of minor
§ 30-2614 Termination of appointment of guardian; general
§ 30-2615 Proceedings subsequent to appointment; venue
§ 30-2616 Resignation or removal proceedings
§ 30-2617 Testamentary appointment of guardian for incapacitated person
§ 30-2618 Venue
§ 30-2619 Procedure for court appointment of a guardian or standby guardian of a person alleged to be incapacitated
§ 30-2619.01 Visitor appointment; conduct evaluation; duties
§ 30-2619.02 Visitor’s evaluation; how conducted
§ 30-2619.03 Visitor’s evaluation report; contents
§ 30-2619.04 Visitor’s evaluation report; responses
§ 30-2620 Findings; appointmentof guardian; authority and responsibility of guardian
§ 30-2620.01 Attorney, guardian ad litem, physician, and visitor; fees and costs; in forma pauperis proceedings; frivolous actions
§ 30-2621 Acceptance of appointment; consent to jurisdiction
§ 30-2622 Termination of guardianship for incapacitated person; liability for prior acts; obligation to account
§ 30-2623 Removal or resignation of guardian; termination of incapacity
§ 30-2624 Visitor; qualifications
§ 30-2625 Notices in guardianship proceedings
§ 30-2626 Temporary guardians;power of court
§ 30-2627 Who may beguardian; priorities; bond
§ 30-2628 General powers,rights, and duties of guardian; inventory
§ 30-2629 Proceedings subsequentto appointment; venue
§ 30-2630 Protective proceedings
§ 30-2630.01 Temporaryconservator; power of court
§ 30-2631 Protective proceedings; jurisdiction of affairs of protected persons
§ 30-2632 Venue
§ 30-2633 Original petition for appointment or protective order
§ 30-2634 Notice; waiver
§ 30-2635 Protective proceedings; request for notice; interested person
§ 30-2636 Procedure concerning hearing and order on original petition
§ 30-2637 Permissible court orders
§ 30-2638 Protective arrangements and single transactions authorized
§ 30-2639 Who may beappointed conservator; priorities
§ 30-2640 Bond
§ 30-2641 Terms and requirements of bonds
§ 30-2642 Acceptance of appointment; consent to jurisdiction
§ 30-2643 Attorney, guardian ad litem, physician, conservator, special conservator, and visitor; compensation and expenses; in forma pauperis proceedings; frivolous actions
§ 30-2644 Death, resignation, or removal of conservator
§ 30-2645 Petitions for orders subsequent to appointment
§ 30-2646 General duty of conservator
§ 30-2647 Conservator;duties; inventory and records
§ 30-2648 Accounts
§ 30-2649 Conservators; title by appointment
§ 30-2650 Recording of conservator’s letters
§ 30-2651 Encumbrance or transaction involving conflict of interest; voidable; exceptions
§ 30-2652 Persons dealing with conservators; protection
§ 30-2653 Powers of conservator in administration
§ 30-2654 Distributive duties and powers of conservator
§ 30-2655 Limitationof powers of conservator
§ 30-2656 Preservation of estate plan
§ 30-2657 Claims against protected person; enforcement
§ 30-2658 Individual liability of conservator
§ 30-2659 Termination of proceeding
§ 30-2660 Payment of debt and delivery of property to foreign conservator without local proceedings
§ 30-2661 Domiciliary foreign conservator may file; when; powers
§ 30-2715 Nonprobate transfers on death
§ 30-2715.01 Motor vehicle; transfer on death; certificate of title
§ 30-2716 Definitions
§ 30-2717 Limitation on scope of sections
§ 30-2718 Types of account; existing accounts
§ 30-2719 Forms
§ 30-2720 Designation of agent
§ 30-2721 Applicability of sections
§ 30-2722 Ownership during lifetime
§ 30-2723 Rights at death
§ 30-2724 Alteration of rights
§ 30-2725 Accounts and transfers nontestamentary
§ 30-2726 Rights of creditors and others
§ 30-2727 Authority of financial institution
§ 30-2728 Payment on multiple-party account
§ 30-2729 Payment on POD designation
§ 30-2730 Payment to designated agent
§ 30-2731 Payment to minor
§ 30-2732 Discharge
§ 30-2733 Setoff
§ 30-2734 Definitions
§ 30-2735 Registration in beneficiary form; sole or joint tenancy ownership
§ 30-2736 Registration in beneficiary form; applicable law
§ 30-2737 Registration in beneficiary form; when
§ 30-2738 Form of registration in beneficiary form
§ 30-2739 Effect of registration in beneficiary form
§ 30-2740 Ownership on death of owner
§ 30-2741 Protection of registering entity
§ 30-2742 Nontestamentary transfer on death
§ 30-2743 Transfer; when not effective
§ 30-2744 Terms, conditions, and forms for registration
§ 30-2745 Application of sections
§ 30-2746 Sections, how construed
§ 30-2901 Time for taking effect; provisions for transition
§ 30-2902 Terms, defined; Revisor of Statutes; duties
§ 30-3001 Decedent’s estate; all or any part to state; notice to Attorney General
§ 30-3201 Investment of funds; prudent investor rule
§ 30-3202 Sections; applicability
§ 30-3203 Section; applicability
§ 30-3204 Securities received by fiduciary; investments authorized
§ 30-3205 Fiduciary; interests in investment company or trust; investments authorized; bank or trust company; investments authorized
§ 30-3207 Bank or trust company; common trust funds authorized; investments; conditions
§ 30-3208 Bank or trust company; powers
§ 30-3209 Corporate trustee;retirement or pension funds of governmental employees; investments authorized
§ 30-3210 Real estate mortgage; purchase of stock in federal corporation; court may authorize
§ 30-3211 Registration of securities; name; conditions; liability of fiduciary
§ 30-3212 Registration of securities; name of nominee
§ 30-3213 Real estate investment trust, defined
§ 30-3214 Real estate investment trust; articlesof agreement or trust; filing
§ 30-3215 Private foundations and split-interest trusts; prohibited acts
§ 30-3216 Private foundations and split-interest trusts; governing instrument; amendments permitted
§ 30-3217 Private foundations and split-interest trusts; applicability of sections
§ 30-3218 Private foundations and split-interest trusts; sections; how interpreted
§ 30-3219 Electric and communication facilities; easement; license and agreement for construction, operation, and maintenance; fiduciaries; execution
§ 30-3220 Electric and communication facilities; easement; license and agreement for construction, operation, and maintenance; fiduciaries; execution; procedure
§ 30-3401 Legislative intent
§ 30-3402 Terms, defined
§ 30-3403 Power of attorney for health care; designation; competency; presumption
§ 30-3404 Power of attorney; contents
§ 30-3405 Witness; disqualification; declaration
§ 30-3406 Attorney in fact; disqualification
§ 30-3407 Attorney in fact; withdrawal
§ 30-3408 Power of attorney; form; validity
§ 30-3409 Power of attorney; medical record
§ 30-3410 Power of attorney; duration
§ 30-3411 Authority of attorney in fact; commencement
§ 30-3412 Incapacity of principal; determination
§ 30-3413 Incapacity of principal; notice
§ 30-3414 Incapacity of principal; attorney in fact; duties
§ 30-3415 Incapacity of principal; dispute; hearing
§ 30-3416 Incapacity of principal; determination; effect
§ 30-3417 Attorney in fact; powers and duties; exceptions; responsibility for costs; rights; objection of principal; health care provider; acceptance of decisions
§ 30-3418 Attorney in fact; consult with medical personnel; authority; limitations
§ 30-3419 Attending physician; duties
§ 30-3420 Power of attorney; health care decision; revocation; limitations; effect
§ 30-3421 Filing of petition; when
§ 30-3422 Filing of petition; by whom
§ 30-3423 Attorney in fact; attending physician; health care provider; immunity
§ 30-3424 Right to make health care decisions; sections; effect
§ 30-3425 Health care providers; assumption of validity
§ 30-3426 Execution of power of attorney; effect on right to routine care
§ 30-3427 Health care provider; exercise independent medical judgment
§ 30-3428 Health care provider; refusal to honor health care decision; duties
§ 30-3429 Power of attorney; prohibited acts
§ 30-3430 Presumptions not created
§ 30-3431 Attempted suicide; how construed
§ 30-3432 Violations; penalties
§ 30-3801 (UTC 101) Code, how cited
§ 30-3802 (UTC 102) Scope
§ 30-3803 (UTC 103) Definitions
§ 30-3804 (UTC 104) Knowledge
§ 30-3805 (UTC 105) Default and mandatory rules
§ 30-3806 (UTC 106) Common law of trusts; principles of equity
§ 30-3807 (UTC 107) Governing law
§ 30-3808 (UTC 108) Principal place of administration
§ 30-3809 (UTC 109) Methods and waiver of notice
§ 30-3810 (UTC 110) Others treated as qualified beneficiaries
§ 30-3811 (UTC 111) Nonjudicial settlement agreements
§ 30-3812 (UTC 201) Role of court in administration of trust
§ 30-3813 (UTC 202) Jurisdiction over trustee and beneficiary
§ 30-3814 Subject-matter jurisdiction
§ 30-3815 (UTC 204) Venue
§ 30-3816 Duty to register trusts
§ 30-3817 Registration procedures
§ 30-3818 Clerk of court; records
§ 30-3819 Effect of registration
§ 30-3820 Registration, qualification of foreign trustee
§ 30-3821 Appellate review
§ 30-3822 (UTC 301) Representation; basic effect
§ 30-3823 (UTC 302) Holder of power of appointment or power to terminate an interest
§ 30-3824 (UTC 303) Representation by fiduciaries and parents
§ 30-3825 (UTC 304) Representation by person having substantially identical interest
§ 30-3826 (UTC 305) Appointment of representative
§ 30-3827 (UTC 401) Methods of creating trust
§ 30-3828 (UTC 402) Requirements for creation
§ 30-3829 (UTC 403) Trusts created in other jurisdictions
§ 30-3830 (UTC 404) Trust purposes
§ 30-3831 (UTC 405) Charitable purposes; enforcement
§ 30-3832 (UTC 406) Creation of trust induced by fraud, duress, or undue influence
§ 30-3833 (UTC 407) Evidence of oral trust
§ 30-3834 (UTC 408) Trust for care of animal
§ 30-3835 (UTC 409) Noncharitable trust without ascertainable beneficiary
§ 30-3836 (UTC 410) Modification or termination of trust; proceeding for approval or disapproval
§ 30-3837 (UTC 411) Modification or termination of noncharitable irrevocable trust by consent
§ 30-3838 (UTC 412) Modification or termination because of unanticipated circumstances or inability to administer trust effectively
§ 30-3839 (UTC 413) Cy pres
§ 30-3840 (UTC 414) Modification or termination of uneconomic trust
§ 30-3841 (UTC 415) Reformation to correct mistakes
§ 30-3842 (UTC 416) Modification to achieve settlor’s tax objectives
§ 30-3843 (UTC 417) Combination and division of trusts
§ 30-3844 Reference to written statement or list
§ 30-3845 Renunciation
§ 30-3846 (UTC 501) Rights of beneficiary’s creditor or assignee
§ 30-3847 (UTC 502) Spendthrift provision
§ 30-3848 (UTC 503) Exceptions to spendthrift provision
§ 30-3849 (UTC 504) Discretionary trusts; effect of standard
§ 30-3850 (UTC 505) Creditor’s claim against settlor
§ 30-3851 (UTC 506) Mandatory distribution
§ 30-3852 (UTC 507) Personal obligations of trustee
§ 30-3853 (UTC 601) Capacity of settlor of revocable trust
§ 30-3854 (UTC 602) Revocation or amendment of revocable trust
§ 30-3855 (UTC 603) Rights and duties
§ 30-3856 (UTC 604) Limitation on action contesting validity of revocable trust; distribution of trust property
§ 30-3857 (UTC 701) Accepting or declining trusteeship
§ 30-3858 (UTC 702) Trustee’s bond
§ 30-3859 (UTC 703) Cotrustees
§ 30-3860 (UTC 704) Vacancy in trusteeship; appointment of successor
§ 30-3861 (UTC 705) Resignation of trustee
§ 30-3862 (UTC 706) Removal of trustee
§ 30-3863 (UTC 707) Delivery of property by former trustee
§ 30-3864 (UTC 708) Compensation of trustee
§ 30-3865 (UTC 709) Reimbursement of expenses
§ 30-3866 (UTC 801) Duty to administer trust
§ 30-3867 (UTC 802) Duty of loyalty
§ 30-3868 (UTC 803) Impartiality
§ 30-3869 (UTC 804) Prudent administration
§ 30-3870 (UTC 805) Costs of administration
§ 30-3871 (UTC 806) Trustee’s skills
§ 30-3872 Delegation by trustee
§ 30-3874 (UTC 809) Control and protection of trust property
§ 30-3875 (UTC 810) Recordkeeping and identification of trust property
§ 30-3876 (UTC 811) Enforcement and defense of claims
§ 30-3877 (UTC 812) Collecting trust property
§ 30-3878 (UTC 813) Duty to inform and report
§ 30-3879 (UTC 814) Discretionary powers; tax savings
§ 30-3880 (UTC 815) General powers of trustee
§ 30-3881 (UTC 816) Specific powers of trustee
§ 30-3882 (UTC 817) Distribution upon termination
§ 30-3883 Prudent investor rule
§ 30-3884 Standard of care; portfolio strategy; risk and return objectives
§ 30-3885 Diversification
§ 30-3886 Duties at inception of trusteeship
§ 30-3887 Reviewing compliance
§ 30-3888 Delegation of investment and management functions
§ 30-3889 Language invoking standard of prudent investor rule
§ 30-3890 (UTC 1001) Remedies for breach of trust
§ 30-3891 (UTC 1002) Damages for breach of trust
§ 30-3892 (UTC 1003) Damages in absence of breach
§ 30-3893 (UTC 1004) Attorney’s fees and costs
§ 30-3894 (UTC 1005) Limitation of action against trustee
§ 30-3895 (UTC 1006) Reliance on trust instrument
§ 30-3896 (UTC 1007) Event affecting administration or distribution
§ 30-3897 (UTC 1008) Exculpation of trustee
§ 30-3898 (UTC 1009) Beneficiary’s consent, release, or ratification
§ 30-3899 (UTC 1010) Limitation on personal liability of trustee
§ 30-38,100 (UTC 1011) Interest as general partner
§ 30-38,101 (UTC 1012) Protection of person dealing with trustee
§ 30-38,102 Certification of trust; use; form
§ 30-38,103 Certification of trust; contents
§ 30-38,104 Certification of trust; additional information authorized
§ 30-38,105 Reliance upon certification of trust; liability
§ 30-38,106 Certification of trust; use; effect
§ 30-38,107 Sections; applicability
§ 30-38,108 (UTC 1101) Uniformity of application and construction
§ 30-38,109 (UTC 1102) Electronic records and signatures
§ 30-38,110 (UTC 1106) Application to existing relationships
§ 30-4201 Legislative findings
§ 30-4202 Guardian ad litem; qualifications; rules; act as own counsel, when
§ 30-4203 Guardian ad litem; duties; powers
§ 30-4204 Right to obtain information; admissible in evidence
§ 30-4205 Recommendation regarding guardianship, conservatorship, or protective order; written report; contents
§ 30-4206 Information considered; court orders; refusal to produce document; remedy
§ 30-4207 Filing of petition or other motion
§ 30-4208 Control over person or property or affairs
§ 30-4209 Duration of appointment
§ 30-4210 Cost of evaluation
§ 30-4301 (UDTA 1) Act, how cited
§ 30-4302 (UDTA 2) Definitions
§ 30-4303 (UDTA 3) Application; principal place of administration
§ 30-4304 (UDTA 4) Common law and principles of equity
§ 30-4305 (UDTA 5) Exclusions
§ 30-4306 (UDTA 6) Powers of trust director
§ 30-4307 (UDTA 7) Limitation on trust director
§ 30-4308 (UDTA 8) Duty and liability of trust director
§ 30-4309 (UDTA 9) Duty and liability of directed trustee
§ 30-4310 (UDTA 10) Duty to provide information to trust director or trustee
§ 30-4311 (UDTA 11) No duty to monitor, inform, or advise
§ 30-4312 (UDTA 12) Application to cotrustee
§ 30-4313 (UDTA 13) Limitation of action against trust director
§ 30-4314 (UDTA 14) Defenses in action against trust director
§ 30-4315 (UDTA 15) Jurisdiction over trust director
§ 30-4316 (UDTA 16) Office of trust director
§ 30-4317 (UDTA 17) Uniformity of application and construction
§ 30-4318 (UDTA 18) Electronic records and signatures
§ 30-4319 Date; applicability

Terms Used In Nebraska Statutes > Chapter 30

  • Actuarial certification: shall mean a written statement by a member of the American Academy of Actuaries or other individual acceptable to the director that a small employer carrier is in compliance with the provisions of section 44-5258 based upon the person's examination and including a review of the appropriate records and the actuarial assumptions and methods used by the small employer carrier in establishing premium rates for applicable health benefit plans. See Nebraska Statutes 44-5226
  • Affiliate or affiliated: shall mean any entity or person who directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with, a specified entity or person. See Nebraska Statutes 44-5227
  • Affiliation period: means a period of time that must expire before health insurance coverage provided by a carrier becomes effective and during which the carrier is not required to provide benefits. See Nebraska Statutes 44-5227.01
  • Agent or insurance agent: means any person licensed as an insurance agent by the department and duly appointed and authorized by an insurer to solicit applications for insurance and to discharge such other duties as may be vested in or required of the agent by the insurer. See Nebraska Statutes 44-4204
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Applicant: shall mean (1) in the case of an individual policy, the person who seeks to contract for such benefits and (2) in the case of a group policy, the proposed certificate holder. See Nebraska Statutes 44-4505
  • Authority: shall mean the Residual Malpractice Insurance Authority established pursuant to section 44-2837 . See Nebraska Statutes 44-2815
  • Base premium rate: shall mean for each class of business as to a rating period, the lowest premium rate charged or that could have been charged under a rating system for that class of business by the small employer carrier to small employers with similar case characteristics for health benefit plans with the same or similar coverage. See Nebraska Statutes 44-5229
  • Basic health benefit plan: shall mean a lower cost health benefit plan regulated by the Department of Insurance. See Nebraska Statutes 44-5230
  • Basic health care services: shall include as a minimum the following medically necessary services: Preventive care. See Nebraska Statutes 44-3294
  • Basic health care services shall: include as a minimum the following medically necessary services: Preventive care. See Nebraska Statutes 44-3294
  • Benefits plan: means the coverages to be offered by the pool to eligible individuals meeting the requirements of section 44-4221 . See Nebraska Statutes 44-4205
  • Bequeath: To gift property by will.
  • Board: means the Board of Directors of the pool. See Nebraska Statutes 44-4206
  • Carrier: shall mean a health maintenance organization, an insurer, or any other entity responsible for the payment of benefits or the provision of services under a group contract. See Nebraska Statutes 44-3295
  • Case characteristics: shall mean demographic or other objective characteristics of a small employer that are considered by the small employer carrier in the determination of premium rates for the small employer. See Nebraska Statutes 44-5234
  • Certificate: shall mean any certificate issued under a group policy, which policy has been delivered or issued for delivery in this state. See Nebraska Statutes 44-4506
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Church plan: means a plan as defined under 29 U. See Nebraska Statutes 44-4206.01
  • Church plan: shall mean a plan as defined under 29 U. See Nebraska Statutes 44-5234.01
  • Class of business: shall mean all or a separate grouping of small employers established pursuant to section 44-5257 . See Nebraska Statutes 44-5235
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Club: shall mean any organization or other person presently or hereafter engaged in selling, furnishing, or making available to members, either as principal or agent, motor club services. See Nebraska Statutes 44-3703
  • Club representative: shall mean any person in this state designated by the club who acts or aids in any manner in the solicitation, negotiation, or renewal of motor club service contracts, except it shall not mean any person performing only work of a clerical nature in the office of a club or providing an application to a potential club member. See Nebraska Statutes 44-3704
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Collector: shall mean any person who only gathers wild plants for the purpose of distribution. See Nebraska Statutes 2-1076
  • Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Copayment: shall mean an amount an enrollee must pay in order to receive a specific service which is not fully prepaid. See Nebraska Statutes 44-3296
  • Creditable coverage does not: include any coverage that occurs before a significant break in coverage. See Nebraska Statutes 44-4206.02
  • Creditable coverage shall not: include any coverage that occurs before a significant break in coverage. See Nebraska Statutes 44-5237.01
  • Decedent: A deceased person.
  • Deductible: shall mean the amount an enrollee is responsible to pay out of pocket before the health maintenance organization begins to pay the costs associated with treatment. See Nebraska Statutes 44-3297
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Insurance. See Nebraska Statutes 44-4207
  • Department: shall mean the Department of Agriculture. See Nebraska Statutes 2-1078
  • Department: shall mean the Department of Insurance. See Nebraska Statutes 44-103
  • Dependent: shall mean a spouse, an unmarried child under the age of nineteen years, an unmarried child who is a full-time student under the age of twenty-three years and who is financially dependent upon the parent, and an unmarried child of any age who is medically certified as disabled and dependent upon the parent. See Nebraska Statutes 44-5238
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Director: shall mean the Director of Insurance. See Nebraska Statutes 44-3705
  • Director: means the Director of Insurance. See Nebraska Statutes 44-4208
  • Director: shall mean the Director of Insurance. See Nebraska Statutes 44-4507
  • Director: shall mean the Director of Insurance. See Nebraska Statutes 44-5239
  • Director: shall mean the Director of Agriculture or his or her designated employee, representative, or authorized agent. See Nebraska Statutes 2-1078.01
  • Director: shall mean the Director of Insurance. See Nebraska Statutes 44-103
  • Director: shall mean the Director of Insurance. See Nebraska Statutes 44-2807
  • Director: shall mean the Director of Insurance. See Nebraska Statutes 44-3298
  • Distribute: shall mean selling, exchanging, bartering, moving, or transporting. See Nebraska Statutes 2-1079
  • Distribution location: shall mean each place nursery stock is offered for sale or sold and shall also include all locations of a vehicle from which nursery stock is offered for sale or sold directly. See Nebraska Statutes 2-1079.01
  • Distribution location shall mean each place nursery stock is offered for sale or sold and shall also: include all locations of a vehicle from which nursery stock is offered for sale or sold directly. See Nebraska Statutes 2-1079.01
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Eligible employee: shall mean an employee who works on a full-time basis and has a normal workweek of thirty or more hours. See Nebraska Statutes 44-5240
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Enrollee: shall mean an individual who is covered by a health maintenance organization and shall include both subscribers and dependents of subscribers. See Nebraska Statutes 44-3299
  • Enrollee shall mean an individual who is covered by a health maintenance organization and shall: include both subscribers and dependents of subscribers. See Nebraska Statutes 44-3299
  • Enrollment date: means the first day of coverage in the health benefit plan or, if earlier, the first day of the waiting period. See Nebraska Statutes 44-5240.01
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Established geographic service area: shall mean a geographic area, as approved by the director and based on the carrier's certificate of authority to transact insurance business in this state, within which the carrier is authorized to provide coverage. See Nebraska Statutes 44-5241
  • Evidence of coverage: shall mean a statement of the essential features and services of the health maintenance organization coverage which is given to the subscriber by the health maintenance organization or by the group contract holder. See Nebraska Statutes 44-32,100
  • Executor: A male person named in a will to carry out the decedent
  • Extension of benefits: shall mean the continuation of coverage under a particular benefit provided under a contract following termination with respect to an enrollee who is totally disabled on the date of termination. See Nebraska Statutes 44-32,101
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Genetically engineered plant organism: shall mean an organism altered or produced through genetic modification from a donor, vector, or recipient organism using recombinant deoxyribonucleic acid techniques. See Nebraska Statutes 2-1079.02
  • Governmental plan: means a plan as defined under 29 U. See Nebraska Statutes 44-4208.01
  • Governmental plan: shall mean a plan as defined under 29 U. See Nebraska Statutes 44-5241.01
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grantor: shall include every person from or by whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
  • Grievance: shall mean a written complaint submitted in accordance with the health maintenance organization's formal grievance procedure by or on behalf of the enrollee regarding any aspect of the health maintenance organization relative to the enrollee. See Nebraska Statutes 44-32,102
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Group contract: shall mean a contract for health care services which by its terms limits eligibility to members of a specified group. See Nebraska Statutes 44-32,103
  • Group health plan: means an employee welfare benefit plan as defined by 29 U. See Nebraska Statutes 44-4208.02
  • Group health plan: shall mean an employee welfare benefit plan as defined by 29 U. See Nebraska Statutes 44-5241.02
  • Group policy: shall mean a long-term care insurance policy which is delivered or issued for delivery in this state and issued to:

    (1) One or more employers or labor organizations or a trust or the trustees of a fund established by one or more employers or labor organizations, or a combination thereof, for employees or former employees, or a combination thereof, or for members or former members, or a combination thereof, of the labor organizations. See Nebraska Statutes 44-4508

  • Grow: shall mean to produce a plant or plant product, by propagation or cultivation, including, but not limited to, division, transplant, seed, or cutting, generally over a period of one year or greater. See Nebraska Statutes 2-1079.03
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Harmonization plan: shall mean any agreement between states, or a state or states and the federal government, designed to limit the spread of a plant pest into or out of a designated area. See Nebraska Statutes 2-1080.01
  • Health benefit plan: shall mean any hospital or medical policy or certificate, major medical expense insurance, or health maintenance organization subscriber contract. See Nebraska Statutes 44-5242
  • Health benefit plan shall not: include one or more, or any combination, of the following:

    (a) Coverage only for accident or disability income insurance, or any combination thereof. See Nebraska Statutes 44-5242

  • Health care: shall mean any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's care, treatment, or confinement. See Nebraska Statutes 44-2811
  • Health carrier or carrier: shall mean any entity that provides health insurance in this state. See Nebraska Statutes 44-5242.01
  • Health insurance: means any hospital, surgical, or medical expense-incurred policy or health maintenance organization contract. See Nebraska Statutes 44-4209
  • Health maintenance organization: shall mean any person who undertakes to provide or arrange for the delivery of basic health care services to enrollees on a prepaid basis except for enrollee responsibility for copayments or deductibles. See Nebraska Statutes 44-32,105
  • Health maintenance organization: means a person that undertakes to provide or arrange for the delivery of basic health care services to enrollees on a prepaid basis, except for enrollee responsibility for copayments or deductibles or both. See Nebraska Statutes 44-5242.03
  • Health-status-related factor: shall mean any of the following factors:

    (1) Health status. See Nebraska Statutes 44-5242.02

  • Hospital: shall mean a public or private institution licensed pursuant to the Health Care Facility Licensure Act. See Nebraska Statutes 44-2806
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Individual contract: shall mean a contract for health care services issued to and covering an individual. See Nebraska Statutes 44-32,107
  • Informed consent: shall mean consent to a procedure based on information which would ordinarily be provided to the patient under like circumstances by health care providers engaged in a similar practice in the locality or in similar localities. See Nebraska Statutes 44-2816
  • Insolvent or insolvency: shall mean that the health maintenance organization has been declared insolvent and placed under an order of liquidation by a court of competent jurisdiction. See Nebraska Statutes 44-32,108
  • Insurance producer or producer: shall mean a person required to be licensed under the laws of this state, including the Insurance Producers Licensing Act, to sell, solicit, or negotiate insurance. See Nebraska Statutes 44-103
  • Insurance service: shall mean any act by a club to sell or furnish to a member group insurance benefits covering accidental injury and death or any motor club service, except that such insurance shall be issued only by an insurance company duly authorized to do such business in this state. See Nebraska Statutes 44-3706
  • Insurer: means any insurance company as defined in section 44-103 or health maintenance organization as defined in section 44-32,105 authorized to transact health insurance business in the State of Nebraska. See Nebraska Statutes 44-4210
  • Insurer: shall include all companies, exchanges, societies, or associations whether organized on the stock, mutual, assessment, or fraternal plan of insurance and reciprocal insurance exchanges. See Nebraska Statutes 44-103
  • Insurer: shall mean the authority or an insurance company engaged in writing malpractice liability insurance in this state. See Nebraska Statutes 44-2814
  • Insurer shall: include all companies, exchanges, societies, or associations whether organized on the stock, mutual, assessment, or fraternal plan of insurance and reciprocal insurance exchanges. See Nebraska Statutes 44-103
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Juror: A person who is on the jury.
  • Late enrollee: shall mean an eligible employee or dependent who requests enrollment in a health benefit plan of a small employer following the initial enrollment period during which the individual is entitled to enroll under the terms of the health benefit plan if the initial enrollment period is a period of at least thirty days. See Nebraska Statutes 44-5244
  • Legatee: A beneficiary of a decedent
  • Long-term care insurance: shall mean any insurance policy or rider advertised, marketed, offered, or designed to provide coverage for not less than twelve consecutive months for each covered person on an expense-incurred, indemnity, prepaid, or other basis for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services provided in a setting other than an acute care unit of a hospital. See Nebraska Statutes 44-4509
  • Magistrate: shall include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
  • Malpractice or professional negligence: shall mean that, in rendering professional services, a health care provider has failed to use the ordinary and reasonable care, skill, and knowledge ordinarily possessed and used under like circumstances by members of his profession engaged in a similar practice in his or in similar localities. See Nebraska Statutes 44-2810
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Medical care: shall mean amounts paid for:

    (1)(a) The diagnosis, care, mitigation, treatment, or prevention of disease or (b) the purpose of affecting any structure or function of the body. See Nebraska Statutes 44-5244.01

  • Medicare: means coverage under parts A and B of Title XVIII of the Social Security Act, 42 U. See Nebraska Statutes 44-4211
  • Member: means any insurer participating in the pool. See Nebraska Statutes 44-4212
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor club service: shall mean the rendering, furnishing, or procuring of, or reimbursement for any of the services enumerated in this section, which shall include but not be limited to:

    (1) Towing service. See Nebraska Statutes 44-3707

  • Motor club service contract: shall mean any written agreement whereby any club, for a consideration, promises to render, furnish, or procure for any member a motor club service. See Nebraska Statutes 44-3708
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Net loss: means the excess of incurred claims plus expenses over the sum of written and renewed premiums and other appropriate revenue. See Nebraska Statutes 44-4213
  • Net worth: shall mean the excess of total admitted assets over total liabilities. See Nebraska Statutes 44-32,109
  • Network plan: shall mean health insurance coverage offered by a health carrier under which the financing and delivery of medical care including items and services paid for as medical care are provided, in whole or in part, through a defined set of providers under contract with the health carrier. See Nebraska Statutes 44-5244.02
  • Nuisance plant: shall mean any plant not economically essential to the welfare of the people of Nebraska, as determined by the department, and which may serve as a favorable host of plant pests or may be detrimental to the agricultural interests of the State of Nebraska. See Nebraska Statutes 2-1081
  • Nursery: shall mean any property where nursery stock is grown, propagated, collected, or distributed and shall include, but not be limited to, private property or any property owned, leased, or managed by any agency of the United States, the State of Nebraska or its political subdivisions, or any other state or its political subdivisions where nursery stock is fumigated, treated, packed, or stored by any person. See Nebraska Statutes 2-1082
  • Occurrence: shall mean the event, incident, or happening, and the acts or omissions incident thereto, which proximately cause injuries or damages for which reimbursement is or may be claimed by the patient or his representative. See Nebraska Statutes 44-2813
  • Participating provider: shall mean a provider who, under an express or implied contract with the health maintenance organization or with its contractor or subcontractor, has agreed to provide health care services to enrollees with an expectation of receiving payment, other than copayment or deductible, directly or indirectly from the health maintenance organization. See Nebraska Statutes 44-32,110
  • Patient: shall mean a natural person who receives or should have received health care from a licensed health care provider under a contract, express or implied. See Nebraska Statutes 44-2805
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • Person: shall mean any body politic or corporate, society, community, the public generally, any individual, partnership, limited liability company, joint-stock company, or association, or any agent of any such entity. See Nebraska Statutes 2-1084
  • Personal estate: shall include money, goods, chattels, claims, and evidences of debt. See Nebraska Statutes 49-801
  • Physician: shall mean a person with an unlimited license to practice medicine in this state pursuant to the Medicine and Surgery Practice Act or a person with a license to practice osteopathic medicine or osteopathic medicine and surgery in this state pursuant to sections 38-2029 to 38-2033 . See Nebraska Statutes 44-2804
  • Plan of operation: means the plan of operation of the pool, including articles, bylaws, and operating rules, submitted by the board pursuant to section 44-4218 . See Nebraska Statutes 44-4214
  • Plant: shall mean any plant, plant product, plant part, or reproductive or propagative part of a plant, plant product, or plant part including, but not limited to, trees, shrubs, vines, forage and cereal plants, fruit, seeds, grain, wood, or lumber. See Nebraska Statutes 2-1085
  • Policy: shall mean any individual or group policy, contract, subscriber agreement, rider, or endorsement delivered or issued for delivery in this state by an insurer, fraternal benefit society, prepaid health plan, health maintenance organization, or any similar organization. See Nebraska Statutes 44-4510
  • Pool: means the Comprehensive Health Insurance Pool. See Nebraska Statutes 44-4215
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Preexisting condition: means a condition whether physical or mental, regardless of the cause of the condition, for which medical advice, diagnosis, care, or treatment was recommended or received within the six-month period ending on the enrollment date. See Nebraska Statutes 44-5246.02
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Premium: shall mean all money paid by a small employer and eligible employees as a condition of receiving coverage from a small employer carrier, including any fees or other contributions associated with the health benefit plan. See Nebraska Statutes 44-5247
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Provider: shall mean any physician, hospital, or other person licensed or otherwise authorized to furnish health care services. See Nebraska Statutes 44-32,111
  • Qualified trade adjustment assistance eligible individual: shall mean an individual who is eligible for the credit for health insurance costs under section 35 of the Internal Revenue Code. See Nebraska Statutes 44-4215.02
  • Rating period: shall mean the calendar period for which premium rates established by a small employer carrier are assumed to be in effect. See Nebraska Statutes 44-5250
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Reinsurance: shall mean a contract by which an insurer procures a third party to insure it against loss or liability by reason of such original insurance. See Nebraska Statutes 44-103
  • Replacement coverage: shall mean the benefits provided by a succeeding carrier. See Nebraska Statutes 44-32,112
  • Representative: shall mean the spouse, parent, guardian, adult child, executor, administrator, trustee, attorney, or other legal agent of the patient. See Nebraska Statutes 44-2808
  • Resident: means an individual who is legally domiciled in this state. See Nebraska Statutes 44-4215.01
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Risk manager: shall mean an insurance company admitted to write insurance in Nebraska, which company shall be appointed by the director to manage the Residual Malpractice Insurance Authority. See Nebraska Statutes 44-2812
  • Service of process: The service of writs or summonses to the appropriate party.
  • Small employer: shall mean any person, political subdivision, firm, corporation, limited liability company, partnership, or association that is actively engaged in business that, on at least fifty percent of its working days during the preceding calendar quarter, employed at least two and no more than fifty eligible employees, the majority of whom were employed within this state. See Nebraska Statutes 44-5253
  • Small employer carrier: shall mean a carrier that offers health benefit plans covering eligible employees of one or more small employers in this state. See Nebraska Statutes 44-5254
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subscriber: shall mean an individual whose employment or other status, except family dependency, is the basis for eligibility for enrollment in the health maintenance organization or, in the case of an individual contract, the individual in whose name the contract is issued. See Nebraska Statutes 44-32,113
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testator: A male person who leaves a will at death.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Uncovered expenditures: shall mean the costs to the health maintenance organization for health care services that are the obligation of the health maintenance organization for which an enrollee may also be liable in the event of the health maintenance organization's insolvency and for which no alternative arrangements have been made that are acceptable to the director. See Nebraska Statutes 44-32,114
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Waiting period: means the period that must pass with respect to an individual before the individual is eligible to be covered for benefits under the terms of the health benefit plan. See Nebraska Statutes 44-5255.01
  • Wild plants: shall mean nursery stock from any place other than a nursery. See Nebraska Statutes 2-1089