State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter30 > 30-2325

30-2325. Source, determination,and documentation.If the estate is otherwisesufficient, property specifically devised is not used to satisfy rights tohomestead and exempt property. Subject to this restriction, the survivingspouse, the guardians of the minor children, or children who are adults mayselect property of the estate as homestead allowance and exempt property.After giving such notice as the court may require in a proceeding initiatedunder the provisions of section 30-2405, the personal representative may makethese selections if the surviving spouse, the children or the guardians ofthe minor children are unable or fail to do so within a reasonable time orif there are no guardians of the minor children. The personal representativemay execute an instrument or deed of distribution to establish the ownershipof property taken as homestead allowance or exempt property. Thepersonal representative may determine the family allowance ina lump sum not exceeding nine thousand dollars for a decedent who dies before January 1, 2011, and twentythousand dollars for a decedent who dies on or after January 1, 2011, orperiodic installments not exceeding seven hundred fifty dollars per month for one year for a decedent who dies beforeJanuary 1, 2011, and one thousand six hundred sixty-six dollars and sixty-seven cents permonth for one year for a decedent who dies on or after January1, 2011. The personal representative may disburse funds of theestate in payment of the family allowance and any part of the homestead allowancepayable in cash. The personal representative or any interested person aggrievedby any selection, determination, payment, proposed payment, or failure toact under this section may petition the court for appropriate relief, whichrelief may provide a family allowance larger or smaller than that which thepersonal representative determined or could have determined.The homestead allowance, the exempt property, and the familyallowance as finally determined by the personal representative or by the court,shall vest in the surviving spouse as of the date of decedent's death, asa vested indefeasible right of property, shall survive as an asset of thesurviving spouse's estate if unpaid on the date of death of such survivingspouse, and shall not terminate upon the death or remarriage of the survivingspouse. SourceLaws 1974, LB 354, § 47, UPC § 2-404; Laws 1980, LB 981, § 3; Laws 2010, LB712, § 20.Operative Date: July 15, 2010AnnotationsUnder section 30-2324 and this section, a right to allowances for homestead, exempt property, and unpaid spousal support survives the claimant's death to the extent of unpaid support. In re Estate of Stephenson, 243 Neb. 890, 503 N.W.2d 540 (1993).The rights granted herein are specific, vested, and indefeasible and accrue to the recipient statutorily upon the decedent's death. In re Estate of Carman, 213 Neb. 98, 327 N.W.2d 611 (1982).