reglab/housing_qa huggingface dataset:
NE Code § 76-3408 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3408 - Capacity of transferor.

76-3408.  Capacity of transferor.The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.Source Laws 2012, LB536, § 8.
NE Code § 76-3409 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3409 - Signature; witnesses; form.

76-3409.  Signature; witnesses; form.A transfer on death deed shall be signed by the transferor or by some person in his or her presence and by his or her direction and shall be attested in writing by two or more disinterested witnesses, whose signatures along with the transferor's signature shall be made before an officer authorized to administer oaths under the laws of this state or under the laws of the state where execution occurs and evidenced by the officer's certificate, under official seal, in form and content substantially as follows:I, .......... the transferor, sign my name to this instrument this ..... day of ..... 20 ....., and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this transfer on death deed to transfer my interest in the described real property and that I sign it willingly or willingly direct another to sign for me, that I execute it as my free and voluntary act for the purposes therein expressed, that I am eighteen years of age or older or am not at this time a minor, and that I am of sound mind and under no constraint or undue influence.Transferor ..............We, ...... and ......, the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the transferor signs and executes this transfer on death deed to transfer his or her interest in the described real property and that he or she signs it willingly or willingly directs another to sign for him or her, and that he or she executes it as his or her free and voluntary act for the purposes therein expressed, and that each of us, in the presence and hearing of the transferor, hereby signs this deed as witness to the transferor's signing, and that to the best of his or her knowledge the transferor is eighteen years of age or older or is not at this time a minor and the transferor is of sound mind and under no constraint or undue influence.Witness ..........Witness ..........THE STATE OF ....................COUNTY OF ....................Subscribed, sworn to, and acknowledged before me by .........., the transferor, and subscribed and sworn to before me by .......... and ..........., witnesses, this ..... day of ..... 20..... .(SEAL)(Signed) .....................(Official capacity of officer) ....................Source Laws 2012, LB536, § 9.
NE Code § 76-3411 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3411 - Notice, delivery, acceptance, consideration not required.

76-3411.  Notice, delivery, acceptance, consideration not required.A transfer on death deed is effective without:(1) Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or(2) Consideration.Source Laws 2012, LB536, § 11.
NE Code § 76-3412 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3412 - Statement; filing.

76-3412.  Statement; filing.A completed statement as provided in subdivision (2)(a) of section 76-214 must be filed at the time that the conveyance of real estate transferred by a transfer on death deed becomes effective due to the death of the transferor or the death of a surviving joint tenant of the transferor.Source Laws 2012, LB536, § 12.
NE Code § 76-3413 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3413 - Revocation by instrument authorized; revocation by act not permitted.

76-3413.  Revocation by instrument authorized; revocation by act not permitted.(a) Subject to subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:(1) Is one of the following:(A) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;(B) An instrument of revocation that expressly revokes the deed or part of the deed and that is executed with the same formalities as required in section 76-3409;(C) An inter vivos deed that expressly or by inconsistency revokes the transfer on death deed or part of the deed; or(D) An inter vivos deed to a bona fide purchaser that expressly or by inconsistency revokes the transfer on death deed or part of the deed; and(2) Is an instrument under subdivisions (1)(A), (B), and (C) of this subsection that is acknowledged by the transferor after the acknowledgment of the deed being revoked and is recorded before the transferor's death. For any instrument under subdivision (1)(D) of this subsection, such instrument must be acknowledged by the transferor after the acknowledgment of the deed being revoked and must be recorded before the later of thirty days after being executed or the transferor's death. Any instrument under this subsection shall be recorded in the public records in the office of the register of deeds of the county where the deed being revoked is recorded.(b) If a transfer on death deed is made by more than one transferor:(1) Revocation by a transferor does not affect the deed as to the interest of another transferor; and(2) A deed of joint owners is revoked only if it is revoked by all of the living joint owners who were transferors.(c) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.(d) This section does not limit the effect of an inter vivos transfer of the property.(e) A bona fide purchaser is a purchaser for value in good faith and without notice of any adverse claim.Source  Laws 2012, LB536, § 13;  Laws 2020, LB966, § 19.
NE Code § 76-3414 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3414 - Effect of transfer on death deed during transferor's life.

76-3414.  Effect of transfer on death deed during transferor's life.During a transferor's life, a transfer on death deed does not:(1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;(2) Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;(3) Affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;(4) Affect the transferor's or designated beneficiary's eligibility for any form of public assistance except to the extent provided in section 76-3421;(5) Create a legal or equitable interest in favor of the designated beneficiary; or(6) Subject the property to claims or process of a creditor of the designated beneficiary.Source Laws 2012, LB536, § 14.
NE Code § 76-3415 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3415 - Effect of transfer on death deed at transferor's death.

76-3415.  Effect of transfer on death deed at transferor's death.(a) Except as otherwise provided in the transfer on death deed, in this section, or in sections 30-2313 to 30-2319 or section 30-2354, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:(1) Subject to subdivision (2) of this subsection, the interest in the property is transferred to the designated beneficiary in accordance with the deed;(2) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor by one hundred twenty hours. If the deed provides for a different survival period, the deed shall determine the survival requirement for designated beneficiaries. The interest of a designated beneficiary that fails to survive the transferor by one hundred twenty hours or as otherwise provided in the deed shall be treated as if the designated beneficiary predeceased the transferor;(3) Subject to subdivision (4) of this subsection, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship; and(4) If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one which fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.(b) A beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor's death.(c) If a transferor is a joint owner and is:(1) Survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship; or(2) The last surviving joint owner, the transfer on death deed of the last surviving joint owner transferor is effective.(d) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.(e) If after recording a transfer on death deed the transferor is divorced or his or her marriage is dissolved or annulled, the divorce, dissolution, or annulment revokes any disposition or appointment of property made by the transfer on death deed as provided in section 30-2333.Source  Laws 2012, LB536, § 15;  Laws 2017, LB517, § 7.
NE Code § 76-3416 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3416 - Disclaimer.

76-3416.  Disclaimer.A beneficiary may disclaim all or part of the beneficiary's interest as provided by section 30-2352.Source Laws 2012, LB536, § 16.
NE Code § 76-3417 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3417 - Liability for creditor claims and statutory allowances.

76-3417.  Liability for creditor claims and statutory allowances.(a) If other assets of the estate of the transferor are insufficient to pay all claims against the transferor's estate, statutory allowances to the transferor's surviving spouse and children, and the expenses of administration, a transfer under the Nebraska Uniform Real Property Transfer on Death Act subjects the beneficiary to personal liability as provided in this section to the extent needed to pay all claims against the transferor's estate, statutory allowances to the transferor's surviving spouse and children, and the expenses of administration.(b)(1) A beneficiary who receives property through a transfer on death deed upon the death of the transferor is liable to account to the personal representative of the transferor's estate for a proportionate share of the fair market value of the equity in the interest received to the extent necessary to discharge the claims and allowances described in subsection (a) of this section remaining unpaid after application of the transferor's estate. For purposes of this subdivision (b)(1), the fair market value shall be determined as of the date of death of the transferor. For purposes of this subdivision (b)(1), the beneficiary's proportionate share means the proportionate share of all nonprobate transfers recovered by the personal representative for the payment of the claims and allowances under the Nebraska Uniform Real Property Transfer on Death Act and sections 30-2726, 30-2743, and 30-3850.(2) A proceeding to assert the liability for claims against the estate and statutory allowances may not be commenced unless the personal representative has received a written demand by the surviving spouse, a creditor, a child, or a person acting for a child of the transferor. The proceeding must be commenced within one year after the death of the transferor.(c) A beneficiary against whom a proceeding to account is brought may join as a party to the proceeding a surviving party or beneficiary of any other transfer on death deed for the same transferor or any other asset of the transferor subject to sections 30-2726, 30-2743, and 30-3850.(d) Assets recovered by the personal representative pursuant to this section shall be administered as part of the transferor's estate.(e) Nothing in this section shall be construed to limit the rights of creditors under other laws of this state.Source Laws 2012, LB536, § 17.
NE Code § 76-3418 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3418 - Beneficiary; liability for medicaid reimbursement; liability for creditor claims and statutory allowances; limit.

76-3418.  Beneficiary; liability for medicaid reimbursement; liability for creditor claims and statutory allowances; limit.A beneficiary to whom an interest is transferred by a transfer on death deed shall be personally liable to account for medicaid reimbursement pursuant to sections 68-919 and 76-3417 to the extent necessary to discharge any such claim remaining unpaid after application of the assets of the transferor's estate. Such liability shall be limited to the value of the interest transferred to the beneficiary. The right to recover applies to medical assistance provided before, at the same time as, or after the signing of and the recording of the transfer on death deed.Source Laws 2012, LB536, § 18.
NE Code § 76-3419 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3419 - Certain contracts; requirements.

76-3419.  Certain contracts; requirements.A contract to make a transfer on death deed, or not to revoke a transfer on death deed, can be established only by a writing evidencing the contract signed by the transferor after January 1, 2013.Source Laws 2012, LB536, § 19.
NE Code § 76-3420 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3420 - Transfer on death deed property; acquisition by purchaser or lender; protections; lien for inheritance tax.

76-3420.  Transfer on death deed property; acquisition by purchaser or lender; protections; lien for inheritance tax.(a) Except as otherwise provided in subsection (b) of this section and subject to a determination of the rights of any parties to an action commenced pursuant to subsection (c) or (d) of section 76-3410, if property or any interest therein transferred to a beneficiary by a transfer on death deed is acquired by a purchaser or lender for value from a beneficiary of a transfer on death deed, the purchaser or lender takes title free of any claims of the estate, personal representative, surviving spouse, creditors, and any other person claiming by or through the transferor of the transfer on death deed, including any heir or beneficiary of the estate of the transferor, and the purchaser or lender shall not incur any personal liability to the estate, personal representative, surviving spouse, creditors, or any other person claiming by or through the transferor of the transfer on death deed, including any heir or beneficiary of the estate of the transferor, whether or not the conveyance by the transfer on death deed was proper. Except as otherwise provided in subsection (b) of this section, to be protected under this section, a purchaser or lender need not inquire whether a transferor or beneficiary of the transfer on death deed acted properly in making the conveyance to the beneficiary by the transfer on death deed.(b) A purchaser or lender for value from a beneficiary of a transfer on death deed does not take title free of any lien for inheritance tax under section 77-2003.Source  Laws 2012, LB536, § 20;  Laws 2013, LB345, § 4.
NE Code § 76-3421 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3421 - Medicaid assistance; Department of Health and Human Services; powers.

76-3421.  Medicaid assistance; Department of Health and Human Services; powers.The Department of Health and Human Services may require revocation of a transfer on death deed by a transferor, a transferor's spouse, or both a transferor and the transferor's spouse in order for the transferor to qualify or remain qualified for medicaid assistance.Source Laws 2012, LB536, § 21.
NE Code § 76-3422 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3422 - Uniformity of application and construction.

76-3422.  Uniformity of application and construction.In applying and construing the Nebraska Uniform Real Property Transfer on Death Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.Source Laws 2012, LB536, § 22.
NE Code § 76-3423 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3423 - Relation to federal Electronic Signatures in Global and National Commerce Act.

76-3423.  Relation to federal Electronic Signatures in Global and National Commerce Act.The Nebraska Uniform Real Property Transfer on Death Act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).Source Laws 2012, LB536, § 23.
NE Code § 76-3501 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3501 - Act, how cited.

76-3501.  Act, how cited.Sections 76-3501 to 76-3507 shall be known and may be cited as the Radon Resistant New Construction Act.Source  Laws 2017, LB9, § 1;  Laws 2019, LB130, § 4.
NE Code § 76-3502 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3502 - Legislative findings.

76-3502.  Legislative findings.The Legislature finds that:(1) Radon is a radioactive element that is part of the radioactive decay chain of naturally occurring uranium in soil;(2) Radon is the leading cause of lung cancer among nonsmokers and is the number one risk in homes according to the Harvard Center for Risk Analysis at the Harvard T.H. Chan School of Public Health;(3) The World Health Organization Handbook on Indoor Radon includes key messages which state:(a) "There is no known threshold concentration below which radon exposure presents no risk."; and(b) "The majority of radon-induced lung cancers are caused by low and moderate radon concentrations rather than by high radon concentrations, because in general less people are exposed to high indoor radon concentrations.";(4) The Surgeon General of the United States urged Americans to test their homes to find out how much radon they might be breathing;(5) The United States Environmental Protection Agency estimates that more than twenty thousand Americans die of radon-related lung cancer each year;(6) The United States Environmental Protection Agency has identified radon levels in Nebraska as the third highest in the United States because of the high concentration of uranium in the soil; and(7) In 2018, the Radon Resistant New Construction Task Force recommended minimum standards for radon resistant new construction to the Governor, the Health and Human Services Committee of the Legislature, and the Urban Affairs Committee of the Legislature.Source  Laws 2017, LB9, § 2;  Laws 2019, LB130, § 5.
NE Code § 76-3503 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3503 - Terms, defined.

76-3503.  Terms, defined.For purposes of the Radon Resistant New Construction Act:(1) Active radon mitigation system means a family of radon mitigation systems involving mechanically driven soil depressurization, including subslab depressurization, drain tile depressurization, block wall depressurization, and submembrane depressurization. Active radon mitigation system is also known as active soil depressurization;(2) Building contractor means any individual, corporation, partnership, limited liability company, or other business entity that engages in new construction;(3) Department means the Department of Health and Human Services;(4) New construction means any original construction of a single-family home or a multifamily dwelling, including apartments, group homes, condominiums, and townhouses, or any original construction of a building used for commercial, industrial, educational, or medical purposes. New construction does not include additions to existing structures or remodeling of existing structures;(5) Passive radon mitigation system means a pipe installed in new construction that relies solely on the convective flow of air upward for soil gas depressurization and may consist of multiple pipes routed through conditioned space from below the foundation to above the roof;(6) Radon mitigation specialist means an individual who is licensed by the department as a radon mitigation specialist in accordance with the Radiation Control Act; and(7) Radon resistant new construction means construction that utilizes design elements and construction techniques that passively resist radon entry and prepare a building for an active postconstruction mitigation system.Source  Laws 2017, LB9, § 3;  Laws 2019, LB130, § 6.  Cross References  Radiation Control Act, see section 71-3519.
NE Code § 76-3504 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-3504 - Radon resistant new construction; minimum standards.

76-3504.  Radon resistant new construction; minimum standards.Except as provided in section 76-3505, new construction built after September 1, 2019, in the State of Nebraska that is intended to be regularly occupied by people shall be built using radon resistant new construction. Such construction shall meet the following minimum standards:(1) Sumps:(a) A sump pit open to soil or serving as the termination point for subslab or exterior drain tile loops shall be covered with a gasketed or otherwise sealed lid;(b) A sump used as the suction point in a subslab depressurization system shall have a lid designed to accommodate the vent pipe; and(c) A sump used as a floor drain shall have a lid equipped with a trapped inlet;(2) A passive subslab depressurization system shall be installed during construction in basement or slab-on-grade buildings, including the following components:(a) Vent pipe:(i)(A) A minimum three-inch diameter acrylonitrile butadiene styrene (ABS), polyvinyl chloride (PVC), or equivalent gas-tight pipe shall be embedded vertically into the subslab permeable material before the slab is cast. A "T" fitting or equivalent method shall be used to ensure that the pipe opening remains within the subslab permeable material; or(B) A minimum three-inch diameter ABS, PVC, or equivalent gas-tight pipe shall be inserted directly into an interior perimeter drain tile loop or through a sealed sump cover where the sump is exposed to the subslab or connected to it through a drainage system;(ii) The pipe shall be extended up through the building floors and terminate at least twelve inches above the surface of the roof in a location at least ten feet away from any window or other opening into the conditioned spaces of the building that is less than two feet below the exhaust point and ten feet from any window or other opening in adjoining or adjacent buildings; and(iii) In buildings where interior footings or other barriers separate the subslab gas-permeable material, each area shall be fitted with an individual vent pipe. Vent pipes shall connect to a single vent that terminates above the roof or each individual vent pipe shall terminate separately above the roof. All exposed and visible interior radon vent pipes shall be identified with at least one label on each floor and in accessible attics. Such label shall read: Radon Reduction System; and(3) Power source: In order to provide for future installation of an active radon mitigation system, an electrical circuit terminated in an approved box shall be installed during construction in the attic or other anticipated location of vent pipe fans.Source  Laws 2017, LB9, § 4;  Laws 2019, LB130, § 7.