Texas § ES.114.101 - EFFECT OF TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE

§ ES.114.101. EFFECT OF TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE

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: (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 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. Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462 ), Sec. 1, eff. September 1, 2015.