Nebraska 2025 2025-2026 Regular Session

Nebraska Legislature Bill LB422 Comm Sub / Analysis

Filed 04/02/2025

                    ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025
COMMITTEE STATEMENT
LB422
 
 
Hearing Date: Thursday February 27, 2025
Committee On: Judiciary
Introducer: Storer
One Liner: Change provisions of the Nebraska Uniform Real Property Transfer on Death Act
 
 
Roll Call Vote - Final Committee Action:
          Advanced to General File with amendment(s)
 
 
Vote Results:
          Aye:	8 Senators Bosn, DeBoer, Hallstrom, Holdcroft, McKinney, Rountree,
Storer, Storm
          Nay: 
          Absent: 
          Present Not Voting: 
 
 
Testimony:
Proponents: 	Representing: 
Senator Tanya Storer 	Opening Presenter
Tim Hruza	Nebraska State Bar Association
 
Opponents: 	Representing: 
 
Neutral: 	Representing: 
Robert Bell	Nebraska Insurance Federation; American Property
Casualty Insurance Association
 
* ADA Accommodation Written Testimony
 
 
Summary of purpose and/or changes:
LB422 amends the Nebraska Uniform Real Property Transfer on Death Act (Act) to provide that when a transfer on
death deed is on file and a transferor dies, coverage of the transferor's insurance policy extends for a period of 60
days following the death of the transferor. 
Section-by-Section Summary:
Section 1: Amends § 76-3401 to add section 3 of LB 422 to the Act. 
Section 2: Amends § 76-3410 to require an additional warning on a transfer on death deed stating that when a
transfer on death deed is filed and the transferor dies, coverage of the transferor’s insurance policy extends for only
60 days following the transferor’s death. This new warning accounts for the change made to the Act in section 3 of the
bill. 
Committee Statement: LB422
Judiciary Committee
Page 1 b1bb6c18513498b203c6af841bd95356 Section 3: A new section added to the Act providing that when a transfer on death deed is filed and the transferor
dies, coverage of the transferor’s insurance policy extends for 60 days following the transferor’s death. This section
also provides that the beneficiary of a transfer on death deed succeeds to all rights and obligations of the transferor
during such 60-day period, shall not acquire any interest in policy proceeds paid out before death, and shall not be
treated as the named insured until the insured's death.
Section 4: Repealer.
 
 
Explanation of amendments:
The Standing Committee Amendment (AM 841) strikes and replaces the original sections of the bill. Section 1
remains unchanged. AM 841 amends sections 2 and 3 of LB 422 as follows:
Section 2 (section 76-3410) is amended to change the required warning to reflect the changes made to section 3.
Section 3 is amended to provide that the designated beneficiary under a transfer on death deed shall be deemed to
be an insured party under any property insurance policy for the period from the transferor’s death until the first to
occur of: (1) the end of the policy period as determined if the transferor was still living, (2) the date the designated
beneficiary obtains alterative coverage, or (3) 30 days after the transferor’s death only if any premium required for the
additional days beyond the policy period is paid. The amended section prohibits a designated beneficiary from
acquiring any interest in policy proceeds that accrue before the insured's death, and does not affect policy coverage
to household members or others deemed insured upon death of the transferor. 
 
Carolyn Bosn, Chairperson
Committee Statement: LB422
Judiciary Committee
Page 2 b1bb6c18513498b203c6af841bd95356