Transfer on Death Act

September 5, 2013. The Nebraska Uniform Real Property Transfer on Death Act was signed by Nebraska's governor on April 5, 2012, and became effective January 1, 2013, for deaths occurring on or after that date. The Act is codified at Neb. Rev. Stat. §§ 76-3401 to 76-3423. A Transfer on Death ("TOD") Deed transfers property to one or more beneficiaries effective at the transferor's death. In order to execute a TOD Deed, the deed must be signed by the transferor(s) or a person in the transferor's presence at his or her direction. In Nebraska, the deed must be signed by two disinterested witnesses and all three signatures must be notarized. During the life of the owner/transferor, a TOD Deed does not affect the owner's right to transfer or encumber the property. The ability to use a TOD Deed to assist in estate planning is dependent upon your own individual state law and whether such a tool has been authorized where you live. To learn more about this important estate planning tool and whether you may be able to take advantage of such a law, contact the Goosmann Law Firm office 712.226.4000 or email info@goosmannlaw.com.