South Dakota § 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 beneficiary 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;

(5)    Create a legal or equitable interest in favor of the designated beneficiary; or

(6)    Subject the property to claims or process of a creditor of the designated beneficiary.

Source: SL 2014, ch 133, § 14.