During a transferor's life, a transfer on death deed does not:
A. affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;
B. affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;
C. 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;
D. affect the transferor's or designated beneficiary's eligibility for any form of public assistance;
E. create a legal or equitable interest in favor of the designated beneficiary; or
F. subject the property to claims or process of a creditor of the designated beneficiary.
History: 1978 Comp., § 45-6-412, enacted by Laws 2013, ch. 38, § 12.
Effective dates. — Laws 2013, ch. 38, § 18 provided that Laws 2013, ch. 38, § 12 was effective January 1, 2014.
Structure 2021 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 6 - Nonprobate Transfers
Part 4 - UNIFORM REAL PROPERTY TRANSFER ON DEATH
Section 45-6-401 - Short title.
Section 45-6-402 - Definitions.
Section 45-6-403 - Applicability.
Section 45-6-404 - Nonexclusivity.
Section 45-6-405 - Transfer on death deed authorized.
Section 45-6-406 - Transfer on death deed revocable.
Section 45-6-407 - Transfer on death deed nontestamentary.
Section 45-6-408 - Capacity of transferor.
Section 45-6-409 - Requirements.
Section 45-6-410 - Notice, delivery, acceptance or consideration not required.
Section 45-6-411 - Revocation by instrument authorized; revocation by act not permitted.
Section 45-6-412 - Effect of transfer on death deed during transferor's life.
Section 45-6-413 - Effect of transfer on death deed at transferor's death.
Section 45-6-414 - Disclaimer.
Section 45-6-415 - Liability for creditor claims and statutory allowances.