Nebraska Statutory Transfer on Death Deed Options

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).

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Georgia Bill Making Filing Fraudulent Deeds a Felony

Georgia’s House of Representatives has unanimously passed a bill cracking down on people who steal houses by recording fraudulent real estate deeds. The bill was sponsored by Rep. Tom Kirby and co-sponsored by Rep. Ed Lindsey. House Bill 985 would protect all Georgia homeowners from those who file fake deeds. The bill also makes filing, signing or witnessing those deeds a felony.

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Dower, Joint Tenancy, and Ohio’s Transfer on Death Instruments

Transfer on death deeds (“TODs”) are used to convey property rights to one or more beneficiaries after the owner dies. Unlike most other assets in an estate, property conveyed in a transfer upon death is not subject to probate distribution. In addition, as nontestamentary instruments, these conveyances are not affected by provisions of the deceased owner’s will. Ohio’s transfer on death instruments are governed by R.C. 5302.22, and were originally introduced as transfer on death deeds in 2002. Revised to the current format of transfer on death designation affidavits in 2009, these documents, when lawfully executed and recorded, provide a flexible and convenient estate planning tool for owners of Ohio real property.

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Frequently Asked Questions about the Alaska Transfer on Death Deed

Real property owners in Alaska have a new estate planning option: the transfer on death deed (TODD).

Alaska joins with an increasing number of states using this law to help real estate owners manage the distribution of what is often their most significant asset — their real estate — by executing and recording a transfer on death deed.

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What is the Difference Between an Ohio Survivorship Deed and a Transfer on Death Designation Affidavit?

A survivorship deed conveys title rights to property upon execution and recording. As such, it is appropriate for a situation where the owners are married or are otherwise willing to be connected by concurrent (joint) ownership. If one of the co-owners dies, his or her share of the real property passes immediately to the surviving owners, but the transfer must be formalized by submitting an affidavit as described in O. R. C.5302.17.

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Conveying Real Property to or from a West Virginia Trust

Land owners in West Virginia may transfer their land into and out of trusts. In this situation, a trust is a legal construct where a third party (a trustee), holds title to real estate at the request of the settlor (the person who placed the title into the trust), for the benefit of someone else (the beneficiary). Trusts are governed by the West Virginia Uniform Trust Code, found at Chapter 44D of the West Virginia Code.

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