Trust Administration - Jurisdiction and Venue

Abstract

FIRST PARAGRAPH(S)|Section 30-2804 of the Nebraska Probate Code is designed to give Nebraska courts territorial jurisdiction over all trust matters when a principal place of administration of the trust is Nebraska. A Nebraska judicial decision with respect to a trust primarily administered in Nebraska is intended to affect all of the beneficial interests under the trust instrument relating to all of the trust property wherever located-including real and personal property, and beneficiaries in other states. This not to say that a Nebraska court would "try title" to real estate in another state. Instead, Nebraska courts could, in interpreting the trust instrument, enter a judgment in Nebraska which would be entitled to full faith and credit in any other state. The judgment would still require enforcement in the other state under the concepts of full faith and credit with respect to any other rights in the foreign state concerning the property in that state...