If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative shall be determined as provided in sections 30-2474 and 30-2475 .
Neb. Rev. Stat. § 30-2473
Improper exercise of power; breach of fiduciary duty
Applied in 4 court decisions — leading case In re Estate of Lakin (2021)
Most recently applied in 32 Neb. Ct. App. 191 - In re Estate of Chess (August 2023)
Laws 1974, LB 354, § 151, UPC § 3-712.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.