Transfer of death deed advances

Senators advanced a bill from select file Feb. 15 that would provide an asset specific mechanism for the nonprobate transfer of land.

LB536, introduced by Lexington Sen. John Wightman, would permit those with interests in real property to enable the owner to pass the property to a beneficiary on the owner’s death simply, directly and without probate.

Wightman introduced an amendment, adopted 32-0, that would require a transferor to sign a document under oath and in the presence of two disinterested witnesses affirming that he or she is not a minor and is of sound mind and that the transfer is voluntary.

If the transferred property is agricultural land, a transferor could designate in the deed the disposition of his or her interest in growing crops to the estate or to one or more of the designated beneficiaries. If a deed does not contain a crop designation, a transferor’s interest in the growing crops would pass to the estate.

Wightman said the intent of the amendment was to address the concerns raised on general file about the exercise of undue influence upon the transfer of death deed and authority over an estate’s agricultural interests.

Omaha Sen. Burke Harr offered an amendment, originally introduced as LB818, that would make property deeds tax exempt if they are between spouse and ex-spouse or between parent and child.

Many counties currently are doing this, Harr said, so the amendment would provide more clarity for such a practice.

The Harr amendment was adopted on a 31-0 vote.

The technical amendment was adopted 29-0 and the bill advanced from select file on a voice vote.