29A-6-414. 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 designated beneficiary, even if the designated beneficiary 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. Source: SL 2014, ch 133, §14. 29A-6-414. 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 designated beneficiary, even if the designated beneficiary 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. Source: SL 2014, ch 133, §14.
South Dakota Legal Code