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Statute Changes
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BACKGROUND
LB 780 was passed during this last legislative session and will take effect on July 18, 2014. In part, LB 780 is a “clean up” bill for the LB 536 (Transfer on Death Deed) which was passed and effective January 1, 2013. When LB 536 was passed, it provided that in cases where a death certificate would effectuate the transfer of property due to life estate, joint tenancy or transfer on death deed, a Form 521 would be required to be filed as well as a cover sheet.
EFFECTIVE JULY 18, 2014
Due to the passage of LB 780, you will only need to file a cover sheet as prescribed in 76-2,126 and a Form 521, Real Estate Transfer Statement, when you are filing a certified copy of a death certificate with regard to a previously filed Transfer on Death Deed. Therefore, you will NOT need to file a Form 521 if you are filing a certified copy of a death certificate pursuant to Trustees, joint tenancy and/or life estate. You will only need to attach the space requirement cover sheet. An example cover sheet is available.
NEW DOCUMENTARY STAMP TAX EXEMPTION
Effective July 18, 2014, the Nebraska Legislature passed LB 867 which added a documentary stamp tax exemption for 501(c)(3) organizations. If you are filing a deed transferring property to a nonprofit organization which falls under this classification, you will need to present a letter from the Internal Revenue Service stating that the organization qualifies under IRS rules for the 501(c)(3) exemption.
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