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Del. Code tit. 25, § 212

Effect of transfer on death deed during transferor’s life

Known as the Uniform Real Property Transfer on Death Act

The act spans §§ 25–25 (21 sections).

85 Del

During a transferor’s life, a transfer on death deed does not do any of the following:

(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 transferee, even if the transferee has actual or constructive notice of the transfer on death 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 transfer on death 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.

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

Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.