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Mississippi Code Title 91. Trusts and Estates § 91-27-21

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Subject to subsections (d) and (e), an instrument is effective to revoke a recorded transfer-on-death deed, or any part of it, if the instrument:

(1) Is one (1) of the following:

(A) A subsequent transfer-on-death deed that revokes the preceding transfer-on-death deed or part of the deed expressly or by inconsistency; or

(B) Except as provided by subsection (b), an instrument of revocation that expressly revokes the transfer-on-death deed or part of the deed;

(2) Is acknowledged by the transferor after the acknowledgment of the deed being revoked; and

(3) Is recorded before the transferor's death in the official records of the chancery clerk of the county where the deed being revoked is recorded.

(b) A will does not revoke or supersede a transfer-on-death deed.

(c) If a marriage between the transferor and a designated beneficiary is dissolved after a transfer-on-death deed is recorded, a final judgment of the court dissolving the marriage operates to revoke the transfer-on-death deed as to that designated beneficiary.

(d) If a transfer-on-death deed is made by more than one (1) transferor, revocation by a transferor does not affect the deed as to the interest of another transferor who does not make that revocation.

(e) A transfer-on-death deed made by joint owners with right of survivorship is revoked only if it is revoked by all of the living joint owners.

(f) This section does not limit the effect of an inter vivos transfer of the real property.

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Cite this article: FindLaw.com - Mississippi Code Title 91. Trusts and Estates § 91-27-21 - last updated January 01, 2025 | https://codes.findlaw.com/ms/title-91-trusts-and-estates/ms-code-sect-91-27-21/

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