Section 30-4509 - Court involvement(a) On application of an authorized fiduciary, a person entitled to notice under subsection (c) of section 30-4507, a beneficiary, or with respect to a charitable interest the Attorney General or other person that has standing to enforce the charitable interest, the court may: (1) provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under the Uniform Trust Decanting Act and consistent with the fiduciary duties of the authorized fiduciary;(2) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under the act and to exercise the decanting power;(3) approve an exercise of the decanting power;(4) determine that a proposed or attempted exercise of the decanting power is ineffective because: (A) after applying section 30-4522, the proposed or attempted exercise does not or did not comply with the act; or(B) the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;(5) determine the extent to which section 30-4522 applies to a prior exercise of the decanting power;(6) provide instructions to the trustee regarding the application of section 30-4522 to a prior exercise of the decanting power; or(7) order other relief to carry out the purposes of the act.(b) On application of an authorized fiduciary, the court may approve: (1) an increase in the fiduciary's compensation under section 30-4516; or(2) a modification under section 30-4518 of a provision granting a person the right to remove or replace the fiduciary.Neb. Rev. Stat. §§ 30-4509
Laws 2020, LB 808,§ 19, eff. 11/14/2020.