HRS §527-12
What a transfer on death deed does while the owner is alive
While the person who made the deed is still alive, the deed does nothing. It does not change who owns the property, who can sell or borrow against it, or who gets benefits. The person named to inherit has no rights until the owner dies.
beneficiariescreditorshomeownerslandowners
The statute, as written — ‑ 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.
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