Section 29A-6-425 – Purchaser for value or lender acquiring security interest in property takes property free of claims.
29A-6-425. Purchaser for value or lender acquiring security interest in property takes property free of claims. A purchaser for value of property or a lender who acquires a security interest in the property from a beneficiary of a transfer on death deed after the death of the owner, in good faith, takes the property free […]
Section 29A-6-426 – Agent may not modify beneficiary designation unless authorized.
29A-6-426. Agent may not modify beneficiary designation unless authorized. An attorney in fact, custodian, conservator, or other agent may not make, revoke, or change a beneficiary designation unless the document establishing the agent’s right to act, or a court order, expressly authorizes such action and such action complies with the terms of the governing instrument, […]
Section 29A-6-427 – Recording of transfer of deceased owner’s property–Affidavit of confirmation.
29A-6-427. Recording of transfer of deceased owner’s property–Affidavit of confirmation. The transfer of a deceased owner’s property or interest in property must be recorded with the register of deeds in the county where the property is located by filing an affidavit of confirmation executed by any designated beneficiary to whom the transfer is made. The […]
Section 29A-6-414 – Effect of transfer on death deed during transferor’s life.
29A-6-414. Effect of transfer on death deed during transferor’s life. 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 the right to transfer or encumber the property; (2)Affect an interest or right of a designated beneficiary, even if the designated […]
Section 29A-6-415 – Effect of transfer on death deed at transferor’s death.
29A-6-415. Effect of transfer on death deed at transferor’s death. Except as otherwise provided in the transfer on death deed, in this section, §§29A-2-603, 29A-2-701, 29A-2-802, or 29A-2-803, revocation by divorce or homicide, survival and simultaneous death, and elective share, on the death of the transferor, the following rules apply to property that is the […]
Section 29A-6-416 – Beneficiary takes property subject to all interests present at transferor’s death.
29A-6-416. Beneficiary takes property subject to all interests present at transferor’s death. Subject to chapter 43-28, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor’s death. For purposes of this section and chapter 43-28, the recording of the […]
Section 29A-6-417 – Effect of transfer on death deed when transferor is joint owner.
29A-6-417. Effect of transfer on death deed when transferor is joint owner. If a transferor is a joint owner and is: (1)Survived by one or more other joint owners, then the property that is the subject of a deed belongs to the surviving joint owner or owners with right of survivorship; or (2)The last surviving […]
Section 29A-6-418 – Transfer on death deed transfers property without covenant or warranty of title.
29A-6-418. Transfer on death deed transfers property without covenant or warranty of title. A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision. Source: SL 2014, ch 133, §18.
Section 29A-6-419 – Disclaimer.
29A-6-419. Disclaimer. A beneficiary may disclaim all or part of the beneficiary’s interest as provided by §29A-2-801. The disclaimer of an interest in property must be recorded in the office of the register of deeds in the county where the property that is the subject of the disclaimer is located. Source: SL 2014, ch 133, […]
Section 29A-6-420 – Liability for debts and obligations of deceased transferor.
29A-6-420. Liability for debts and obligations of deceased transferor. Upon the death of the transferor, the beneficiary is liable for the debts and obligations of the deceased transferor under the conditions set forth in §§29A-6-421 to 29A-6-424, inclusive. Source: SL 2014, ch 133, §20.