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.
[L 2011, c 173, pt of §1]
Law Journals and Reviews
The Hawai`i Uniform Real Property Transfer on Death Act--Another Tool in the Estate Planner's Arsenal. 15 HBJ, no. 13, at 43 (2013).