- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011