Form CC 16:2.38 Application for Waiver, Notice of Right to Object, and Certificate of Mailing - Nebraska

Form CC16:2.38 is a Nebraska Judicial Branch form also known as the "Application For Waiver, Notice Of Right To Object, And Certificate Of Mailing". The latest edition of the form was released in December 1, 2016 and is available for digital filing.

Download a PDF version of the Form CC16:2.38 down below or find it on Nebraska Judicial Branch Forms website.

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Nebraska State Court Form
REQUIRED
APPLICATION FOR WAIVER
CC 16:2.38 Rev. 12/16
Neb. Ct. R. § 6-1445.01
IN THE COUNTY COURT OF
COUNTY, NEBRASKA
Case No.
IN THE MATTER OF THE
GUARDIANSHIP/CONSERVATORHIP OF
APPLICATION FOR WAIVER, NOTICE
OF RIGHT TO OBJECT, AND
Ward/Incapacitated Person/Protected Person
CERTIFICATE OF MAILING
COMES NOW,
, applicant, and moves the court for an order waiving:
Address Information Sheet Rule § 6-1443(1)
General Information Sheet Rule § 6-1443(1)
Inventory with Affidavit of Due Diligence Rule § 6-1443(1)
Bond Rule § 6-1443(1)
Acknowledgment of Financial Institution prior to Letters being Issued Rule § 6-1443(2)
Acknowledgment of Financial Institution after Letters are Issued Rule § 6-1443(2)
Annual Accounting Rule § 6-1442(B)
Certificate of Proof of Possession Rule § 6-1442(B)
Updated Inventory Rule § 6-1442(B)
Bank Statements Rule § 6-1442(B)
Brokerage Reports or Statements Rule § 6-1442(B)
Other:
My reason(s) for requesting said waiver(s) are:
Applicant requests that the court fix a time and date for hearing and that after notice and hearing the
court make and enter an order waiving the filing of the documents indicated above.
Page 1 of 5
Application for Waiver
CC 16:2.38 Rev. 12/16
Nebraska State Court Form
REQUIRED
APPLICATION FOR WAIVER
CC 16:2.38 Rev. 12/16
Neb. Ct. R. § 6-1445.01
IN THE COUNTY COURT OF
COUNTY, NEBRASKA
Case No.
IN THE MATTER OF THE
GUARDIANSHIP/CONSERVATORHIP OF
APPLICATION FOR WAIVER, NOTICE
OF RIGHT TO OBJECT, AND
Ward/Incapacitated Person/Protected Person
CERTIFICATE OF MAILING
COMES NOW,
, applicant, and moves the court for an order waiving:
Address Information Sheet Rule § 6-1443(1)
General Information Sheet Rule § 6-1443(1)
Inventory with Affidavit of Due Diligence Rule § 6-1443(1)
Bond Rule § 6-1443(1)
Acknowledgment of Financial Institution prior to Letters being Issued Rule § 6-1443(2)
Acknowledgment of Financial Institution after Letters are Issued Rule § 6-1443(2)
Annual Accounting Rule § 6-1442(B)
Certificate of Proof of Possession Rule § 6-1442(B)
Updated Inventory Rule § 6-1442(B)
Bank Statements Rule § 6-1442(B)
Brokerage Reports or Statements Rule § 6-1442(B)
Other:
My reason(s) for requesting said waiver(s) are:
Applicant requests that the court fix a time and date for hearing and that after notice and hearing the
court make and enter an order waiving the filing of the documents indicated above.
Page 1 of 5
Application for Waiver
CC 16:2.38 Rev. 12/16
I acknowledge that I will receive a Notice of Hearing from the court when I file my Application
for Waiver. After I receive the Notice of Hearing from the county court, it is my responsibility to
send a copy of:
1.
This Application for Waiver;
Notice of Hearing; and
2.
Notice of Right to Object Form
3.
to all interested persons no less than 14 days prior to the hearing date.
I must then file with the court a Certificate of Mailing showing I sent this Application for
Waiver, Notice of Hearing and the Notice of Right to Object form to all interested persons.
I swear or affirm, under the penalties of perjury, that I have examined the above documents, and to the best
of my knowledge and belief, they are true, correct and complete.
Date
Signature(s) of Guardian(s) and/or Conservator(s)
Print or Type Name of Guardian(s) and/or Conservator(s)
Bar Number and Firm Name (attorneys only)
Street Address/P.O. Box of Guardian(s) and/or Conservator(s)
City/State/ZIP Code of Guardian(s) and/or Conservator(s)
Phone(s)
E-mail Address(es)
Page 2 of 5
Application for Waiver
CC 16:2.38 Rev. 12/16
NOTICE OF RIGHT TO OBJECT
TO THE GUARDIAN AND/OR CONSERVATOR: As guardian and/or conservator, you must complete
and mail this form to all interested parties and file it with the court.
You are notified that
, guardian, has filed the following in the
.
above referenced case on
Date document(s) filed
Application for Waiver
Other:
If you object to the contents or accuracy of these filings, you may file an objection before the date of
the scheduled hearing. The Objection form can be obtained on the Nebraska Supreme Court website,
https://supremecourt.nebraska.gov/forms.
Date
Signature(s) of Guardian(s) and/or Conservator(s)
Print or Type Name of Guardian(s) and/or Conservator(s)
Bar Number and Firm Name (attorneys only)
Street Address/P.O. Box of Guardian(s) and/or Conservator(s)
City/State/ZIP Code of Guardian(s) and/or Conservator(s)
Phone(s)
E-mail Address(es)
Page 3 of 5
Application for Waiver
CC 16:2.38 Rev. 12/16
_____________________________________
Ward/Incapacitated Person/Protected Person
Case No. ____________________
CERTIFICATE OF MAILING
TO THE GUARDIAN AND/OR CONSERVATOR OR THEIR ATTORNEY: You need to complete and
file this form with the court showing that you mailed the required documents marked below to all
the interested parties you list below.
I,
, swear or affirm, under the penalties of perjury, that on
, I mailed copies of the forms marked below to all interested
persons* and bonding company, if any, at the addresses set forth below:
Application for Waiver;
Notice of Hearing; and
Notice of Right to Object Form
NAME
ADDRESS
See attached (more names and addresses than above)
Date
Signature(s) of Guardian(s) and/or Conservator(s) or Their Attorney
Print or Type Name of Guardian(s) and/or Conservator(s) or Their Attorney
Bar Number and Firm Name (attorneys only)
Street Address/P.O. Box of Guardian(s) and/or Conservator(s) or Their Attorney
City/State/ZIP Code of Guardian(s) and/or Conservator(s) or Their Attorney
Phone
E-mail Address
Page 4 of 5
Application for Waiver
CC 16:2.38 Rev. 12/16
*Interested persons are defined as:
• children and spouses;
• future heirs if the ward/incapacitated person/protected person would die without leaving a valid
will (brothers and sisters who are adults, grandparents, etc.);
• a trustee of any trust executed by the ward/incapacitated person/protected person;
• if there are no individuals defined as “interested persons” above, include any person or
organization named as a “devisee” in the ward’s/incapacitated person’s/protected person’s
most recent will;
• after death of the ward/incapacitated person/protected person, interested person also includes
the personal representative of a deceased ward’s/incapacitated person’s/protected person’s
estate, the deceased ward’s/incapacitated person’s/protected person’s heirs in an intestate
estate, and the deceased ward’s/incapacitated person’s/protected person’s devisees in a
testate estate;
• any governmental agency paying benefits on behalf of the ward/incapacitated person/protected
person; and
• any person designated by order of the court to be an interested person.
If there are no interested persons identified for a ward/incapacitated person/protected person, the court
shall appoint a guardian ad litem (Nebraska Supreme Court Rule § 6-1449(B)). The cost of the guardian ad
litem may be taken from the assets of the ward/incapacitated person/protected person.
Page 5 of 5
Application for Waiver
CC 16:2.38 Rev. 12/16

Download Form CC 16:2.38 Application for Waiver, Notice of Right to Object, and Certificate of Mailing - Nebraska

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