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news & resources
LB 758 Good for Nebraska Charitable Groups
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June 28, 2010
Congratulations to attorneys Ramzi Hynek and Tim Clare for their successful legislative efforts concerning charitable organizations in the state of Nebraska. Because of their endeavors, Nebraskans’ charitable bequests made at death are now more likely to be completed as intended.
Hynek and Clare, both of the Rembolt Ludtke LLP law firm and practicing in the areas of estate planning and probate, championed the cause of the Doctrine of Cy Pres (pronounced "sigh-PRAY") along with the Real Estate, Probate and Trust Law Section of the Nebraska Bar Association by drafting proposed legislation and testifying before the Judiciary Committee. Hynek and Clare were key assets in pushing through the legislation. Together their efforts paid off when Nebraska Governor Dave Heineman recently signed LB 758 into law.
The Doctrine of Cy Pres is most easily explained with the following real life situation presented to Rembolt Ludtke: Many years ago, John Doe drafted a Will providing for a $10,000 charitable bequest to be made to "a Lincoln owned, city hospital" to be used to provide care to those who cannot otherwise afford it. However, when John passed away, the city of Lincoln no longer owned a city hospital. The question that arose was, "What happens to the charitable bequest to the city hospital?" The Doctrine of Cy Pres now allows a court to order that these funds be directed to another charitable organization which closely resembles John’s charitable intent. In other words, instead of the $10,000 passing to John Doe’s distant relatives, the $10,000 may now be distributed to a similar charity which provides medical services to those who cannot otherwise afford them.
"We are very pleased that the Nebraska Legislature recognized the importance of this issue," Clare said. "We believe that the passage of this Bill will benefit every Nebraskan as more dollars will be distributed to support Nebraska’s charitable organizations."
Our experienced estate planning lawyers are available if you are interested in learning more about LB 758 or should you need assistance with your charitable estate planning. Contact us at 402.475.5100.
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