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Current as of January 01, 2025 | Updated by Findlaw Staff
During 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.
Cite this article: FindLaw.com - Mississippi Code Title 91. Trusts and Estates § 91-27-23 - last updated January 01, 2025 | https://codes.findlaw.com/ms/title-91-trusts-and-estates/ms-code-sect-91-27-23/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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