State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter30 > 30-24_119

30-24,119. Limitations on proceedings against personal representative.Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within six months after the filing of the closing statement. The rights barred by reason of the filing of the closing statement do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate. SourceLaws 1974, LB 354, § 197, UPC § 3-1005; Laws 1978, LB 650, § 37.AnnotationsThis section provides claimants with a limited right to proceed against a personal representative after the personal representative has already been discharged, where the personal representative has committed a breach of fiduciary duty. Mach v. Schmer, 4 Neb. App. 819, 550 N.W.2d 385 (1996).