Effect of transfer-on-death deed during transferor’s life

Miss. Code Ann. § 91-27-23, under Mississippi Real Property Transfer-On-Death Act.

Miss. Code Ann. § 91-27-23

(1) 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.

(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;

(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.