Revoking a Nebraska Transfer on Death Deed

The Nebraska Uniform Real Property Transfer on Death Act is found at Sections 76-3401 to 76-3423 of the Nebraska Revised Statutes. This useful law provides an option for land owners to convey their real estate after their death, but without the need to include it in a will.

A transfer on death deed (TODD), when lawfully executed, allows property owners to retain absolute title to and control over their land during their lives ( 76-3414). The deeds are also revocable (76-3413). In part, these features are possible because unlike traditional deeds (warranty deeds, quitclaim deeds, etc.), TODDs do not require consideration from or notice to the beneficiary ( 76-3411).

Revocability is a valuable feature of transfer on death deeds. With it, land owners can quickly and easily respond to changes in their lives or the lives of their beneficiaries, and redirect any future transfer toward a more appropriate outcome.

The options for revoking a recorded TODD are set out at 76-3413. They include executing and recording one or more of the following: a document that specifically revokes the TODD ( 76-3413(1)(B)); a new TODD that revokes the previous deed and changes the beneficiary or details about the transfer (76-3413(1)(A)); or transferring the real estate with a traditional deed (76-3413 (1)(C)).

Because there is more than one way to revoke a TODD, an instrument of revocation can also provide an endpoint for a recorded (but cancelled) transfer on death deed. Executing and recording such a document before selling the property or simply transferring it to another beneficiary ensures that future title searches will not show the potential for claims against the title from the earlier TODD. The resulting clear chain of title (ownership history) should help to simplify future transactions involving the same real estate.

Overall, transfer on death deeds are flexible tools to consider as part of a comprehensive estate plan, but each circumstance is unique. Please contact an attorney for complex situations or with specific questions.

(Nebraska TOD Revocation Package includes form, guidelines, and completed example)

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