[ 527‑12] Effect of transfer on death deed during transferor‘s life. During a transferor’s life, a transfer on death deed shall not:
Terms Used In Hawaii Revised Statutes 527-12
- Beneficiary: means a person that receives property under a transfer on death deed. See Hawaii Revised Statutes 527-2
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Designated beneficiary: means a person designated in a transfer on death deed to receive property. See Hawaii Revised Statutes 527-2
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Property: means an interest in real property located in this State that is transferable on the death of the owner. See Hawaii Revised Statutes 527-2
- Subject property: means real property or an interest in real property that is subject to a transfer on death deed. See Hawaii Revised Statutes 527-2
- Transfer on death deed: means a deed authorized under this chapter. See Hawaii Revised Statutes 527-2
- Transferor: means an individual who executes a transfer on death deed. See Hawaii Revised Statutes 527-2
(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.