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In Nebraska, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
The individual also maintains the right to sell, lease, or mortgage the property without the beneficiaries' consent. However, Lady Bird deeds are not recognized in Nebraska. Similar outcomes can often be achieved using a revocable living trust or a TOD deed.
Stat. §§ 76-3401-76-3423 (the ?Act?). The Act allows an individual to transfer property located in Nebraska to one or more beneficiaries effective at the transferor's death through the use of a special deed referred to as a ?Transfer on Death Deed.?
To complete the transfer, the deed must be recorded in the office of the Register of Deeds of the county where the property is located. All deeds also require a Form 521 - Real Estate Transfer Statement.
Land contracts, memoranda of contract, and death certificates being recorded pursuant to a transfer on death deed require a completed Form 521, which are not subject to the documentary stamp tax until the deed is presented for recording.
The deed could get complicated, and its validity contested if it is not recorded correctly or if the legal criteria are not met. If there is no provision for a contingent beneficiary, the transfer on the death deed is rendered ineffective if the named beneficiary passes away before the property owner.
To complete the transfer, the deed must be recorded in the office of the Register of Deeds of the county where the property is located. All deeds also require a Form 521 - Real Estate Transfer Statement.
You must file the affidavit with the register of deeds office of the county in which the real property of the deceased is located and also file, in any other county in Nebraska in which the real property of the deceased that is subject to the affidavit is located, the recorded affidavit and a certified or authenticated ...