Nebraska Statutes 76-3410. Transfer on deathdeed; essential elements and formalities; warning; limitation on action to set aside transfer
(a) A transfer on death deed:
Terms Used In Nebraska Statutes 76-3410
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Inter vivos: Transfer of property from one living person to another living person.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(1) Except as otherwise provided in subdivision (2) of this subsection, must contain the essential elements and formalities of a properly recordable inter vivos deed;
(2) Must state that the transfer to the designated beneficiary is to occur at the transferor’s death;
(3) Must contain the warnings provided in subsection (b) of this section; and
(4) Must be recorded (i) within thirty days after being executed as required in section 76-3409, (ii) before the transferor’s death, and (iii) in the public records in the office of the register of deeds of the county where the property is located.
(b)(1) A transfer on death deed shall contain the following warnings:
WARNING: The property transferred remains subject to inheritance taxation in Nebraska to the same extent as if owned by the transferor at death. Failure to timely pay inheritance taxes is subject to interest and penalties as provided by law.
WARNING: The designated beneficiary is personally liable, to the extent of the value of the property transferred, to account for medicaid reimbursement to the extent necessary to discharge any such claim remaining after application of the assets of the transferor’s estate. The designated beneficiary may also be personally liable, to the extent of the value of the property transferred, for claims against the estate, statutory allowances to the transferor’s surviving spouse and children, and the expenses of administration to the extent needed to pay such amounts by the personal representative.
WARNING: The Department of Health and Human Services may require revocation of this deed by a transferor, a transferor’s spouse, or both a transferor and the transferor’s spouse in order to qualify or remain qualified for medicaid assistance.
(2) No recorded transfer on death deed shall be invalidated because of any defects in the wording of the warnings required by this subsection.
(c) No action may be commenced to set aside a transfer on death deed, based on failure to comply with the requirement of disinterested witnesses pursuant to section 76-3409, more than ninety days after the date of death of the transferor or, if there is more than one transferor, more than ninety days after the date of death of the last surviving transferor.
(d) Notwithstanding subsection (c) of this section, an action to set aside a transfer on death deed, based on failure to comply with the requirement of disinterested witnesses pursuant to section 76-3409, in which the transferor or, if there is more than one transferor, the last surviving transferor, has died prior to May 8, 2013, shall be commenced by the later of (1) ninety days after the date of death of the transferor or, if there is more than one transferor, ninety days after the date of death of the last surviving transferor, or (2) ninety days after May 8, 2013.