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Nebraska Trustee Deed for Inter Vivos Trust

Nebraska Trustee Deed for Inter Vivos Trust Information

A trust is an arrangement created when one person (the settlor) conveys property to a second person (the trustee) for the benefit of a third (the beneficiary). The settlor executes a trust instrument to establish the terms of the trust, and funds the trust with assets. In Nebraska, express trusts, or trusts "created with the settlor's express intent, usually declared in writing," according to Black's Law Dictionary, 8th ed., are governed by the Uniform Trust Code, codified at Neb. Rev. Stat. Ann. 30-3801.

A non-testamentary trust, more commonly referred to as a living trust or an inter vivos trust, is used for estate planning purposes; it allows a settlor to plan for his assets, including real property interests, in the event of death. A settlor may appoint himself as the trustee and designate a successor trustee (the settlor may not be the sole beneficiary, however).

Specific powers confirmed upon the trustee under 30-3881 include the power to sell trust property. In Nebraska, the trustee's deed is used to convey real property from a living trust. As the administrator of the trust and because the trustee holds legal title to the property, it is the trustee's job to execute the trustee's deed. The deed should reference the trustee's name, as well as the name and date of the trust on behalf of which the trustee is acting. Additional documentation, such as a certificate of trust, may be required from the trustee.

The trustee's deed must meet all requirements for form and content for instruments affecting real property in Nebraska, including the name and vesting information of the grantee and a legal description of the property being transferred.

The covenants contained within the Nebraska trustee's deed make it a special warranty deed. The language of the form contains a covenant of seisin and a covenant against encumbrances (unless otherwise named in the form of conveyance), while warranting that the grantor defends the title against any claims arising by or through the grantor.

Each acting trustee's signature is required and must be acknowledged before the deed is recorded with the register of deeds in the Nebraska county where the property is located. Nebraska requires the grantee to complete a real estate transfer statement (available through the Department of Revenue as Form 521) for all transfers of real property. Contact the county's register of deeds to see if any additional supporting documentation is necessary, as each situation is unique.

Consult a lawyer with any questions regarding trust law and trustee's deeds in Nebraska.

Deeds.com Nebraska Trustee Deed for Inter Vivos Trust Forms Have Been Updated as Recently as Wednesday June 15, 2022

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Robert B. said: Everything worked Fine. I wish there was an John Doe type of an example for the Tax form.

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Marc T. said: Walked the document through our county offices today. the directions to fill out the document were awesome and we had no issues, We now have a TOD property. Beats paying an attorney $200.00

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George A. said: Excellent Service.

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Don R. said: From Pennsylvania here. Documents are great and easy to fill out however you are lacking a couple of things. You only provide the option for a Grant Deed when you purchase by your county which is Mercer County for me. Why not give the ability to get a Warranty Deed that better protects the Grantee? Also, being from Pennsylvania and in a county that mined Buituminous Coal we are required to include the Coal Severance Notice and Bituminous Mine Subsidence and Land Conservation Act Notice. You can check the box on your Deed form that they are required and attached but you do not provide the verbiage or form for this. You state that you know what each county requires and include everything required but you do not include these two required Notices. This has been a requirement for years and the wording never changes. I had to look for these Notices and hand type this information and include it on another seperate page after the Notary section on the Deed. The Grantor has to sign the Coal Severance Notice and be witnessed by a Notary so I had to add another place for the Notary and will have to pay twice for witnessed signatures when it could have been included in your document. My Deed from 2003 was done that way and then the Notary statement after that so it was only one notarized witness of signature.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


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