This bill amends section 30-2715 of the Revised Statutes Cumulative Supplement, 2024, to enhance the provisions related to nontestamentary transfers on death. It introduces new legal language that expands the types of instruments considered nontestamentary to include insurance or annuity policies, accounts with Payable on Death (POD) designations, and various types of plans such as profit-sharing and employee benefit plans. Additionally, it clarifies that a charitable organization that is tax-exempt under section 501(c)(3) of the Internal Revenue Code can present an affidavit to obtain property or information related to a decedent's estate.
The bill outlines the requirements for the affidavit, including details about the decedent and the charitable organization, as well as necessary documentation such as the decedent's death certificate and proof of the organization's tax-exempt status. It establishes a right of action for charitable organizations if the holder of the property or the person with information does not comply within thirty days of receiving the affidavit. The bill also prohibits certain practices by the holders of property, such as requiring the charitable organization to open an account or delaying transfers due to other co-beneficiaries. Finally, the original section 30-2715 is repealed, consolidating the updated provisions into the law.
Statutes affected: Introduced: 30-2715