Current through the 2024 Regular Session
Section 91-27-23 - Effect of transfer-on-death deed during transferor's lifeDuring 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: (A) The right to transfer or encumber the real property that is the subject of the deed;(B) Homestead rights in the real property, if applicable; and(C) Ad valorem tax exemptions, including exemptions for residence homestead, persons sixty-five (65) years of age or older, persons with disabilities, and veterans;(2) Affect an interest or right of a transferee of the real property that is the subject of the deed, 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, subject to applicable federal law;(5) Constitute a transfer triggering a "due-on-sale" or similar clause;(6) Invoke statutory real estate notice or disclosure requirements;(7) Create a legal or equitable interest in favor of the designated beneficiary; or(8) Subject the real property to claims or process of a creditor of the designated beneficiary.Added by Laws, 2020, ch. 406, SB 2851,§ 12, eff. 7/1/2020.