Defensive Remedies under Nebraska Probate Code

Abstract

INTRODUCTION|Perhaps the major problem practitioners face is how to approach the Nebraska Probate Code. The Code must be considered a different, even a new, concept. If we start at the top and ignore our traditional concepts and habitual reactions, we can place the Code in context. We can generally understand it, accept it and perhaps even endorse it. We should look at this as a new and different approach to probate seeking to meet the needs and the demands of the public.|Work began on the model probate code in the 1940's. Some may recall that Professor Lewis M. Simes presented an institute on the model probate code at the Nebraska State Bar meeting in 1950. The article is published as Simes, The Model Probate Code A Comparison of Nebraska Probate Law and the Model Probate Code, 30 NEB. L. REV. 208 (1950). See also Kuhns, The Proposed Model Probate Code, 35 NE. L. REV. 290 (1955). Although the Bar has been working on probate revision for a long time, much of the impetus for adoption of the Nebraska Probate Code has come from the outside. If we realize these facts and approach the Code with such understanding, I believe we will have fewer problems in accepting the Nebraska Probate Code...