Estate of Lucille R. Devlin, Deceased, C. Ronald Lambert, Executor - Page 7




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          we find that, pursuant to Nebraska law, petitioner has not shown            
          that the gifts made after decedent's death were complete on the             
          date of decedent’s death.                                                   
               As to petitioner's argument that gifts authorized by the               
          order were completed when decedent's guardian-conservator                   
          conveyed the real estate to C. Ronald Lambert and Charlotte                 
          Lambert, we disagree.  Neb. Rev. Stat. sec. 30-2646 (Reissue                
          1995) provides “In the exercise of his powers, a conservator is             
          to act as a fiduciary and shall observe the standards of care               
          applicable to trustees as described by section 30-2813".4                   
          Acknowledging that the Nebraska Supreme Court has not addressed             
          the specific situation presented in the instant case, petitioner            
          relies on White v. United States, 881 F. Supp. 688 (D. Mass.                
          1995).  In that case, a grantor created a trust which provided              
          for distributions to the beneficiaries immediately after the                
          first day of each successive year.  See id. at 690.  The trustees           
          failed to make the required distributions for a number of years             
          prior to the grantor’s death (missed distributions).  See id.               


          4    Neb. Rev. Stat. sec. 30-2813 (Reissue 1995) in turn                    
          provides:                                                                   
               Except as otherwise provided by the terms of the trust,                
               the trustee shall observe the standards in dealing with                
               the trust assets that would be observed by a prudent                   
               man dealing with the property of another, and if the                   
               trustee has special skills, or is named trustee on the                 
               basis of representations of special skills or                          
               expertise, he is under a duty to use those skills.                     





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