72-6-411. 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 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 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;
(5) create a legal or equitable interest in favor of the designated beneficiary; or
(6) subject the property to claims or process of a creditor of the designated beneficiary.
History: En. Sec. 94, Ch. 313, L. 2019.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 6. Nonprobate Transfers on Death
Part 4. Uniform Real Property Transfer on Death Act
72-6-404. Transfer on death deed authorized
72-6-405. Transfer on death deed revocable
72-6-406. Transfer on death deed nontestamentary
72-6-407. Capacity of transferor
72-6-409. Notice, delivery, acceptance, consideration not required
72-6-410. Revocation by instrument authorized -- revocation by act not permitted
72-6-411. Effect of transfer on death deed during transferor's life
72-6-412. Effect of transfer on death deed at transferor's death
72-6-414. Liability for creditor claims and statutory allowances
72-6-415. Optional form of transfer on death deed
72-6-416. Optional form of revocation