[527‑12] Effect of transfer on death deed during transferor's life. During a transferor's life, a transfer on death deed shall not:

(1) Affect an interest or right in the subject property of the transferor or any other owner, including the right to transfer or encumber the subject property;

(2) Affect an interest or right in the subject property of a transferee, regardless of whether the transferee has actual or constructive notice of the deed;

(3) Affect an interest or right in the subject property of a secured or unsecured creditor or future creditor of the transferor regardless of whether 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;

(5) Create a legal or equitable interest in the subject property in favor of the designated beneficiary; or

(6) Subject the subject property to claims or process of a creditor of the designated beneficiary. [L 2011, c 173, pt of 1]

 

Law Journals and Reviews

 

The Hawai`i Uniform Real Property Transfer on Death Act--Another Tool in the Estate Planner's Arsenal. 15 HBJ, no. 13, at 43 (2013).

 

 

Previous Vol12_Ch0501-0588 Next