Section 29A-6-112 – Right of financial institution to setoff–Amount.
29A-6-112. Right of financial institution to setoff–Amount. Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to setoff against the account in which the party has or had immediately […]
Section 29A-6-113 – Provisions deemed nontestamentary–Rights of creditors not limited.
29A-6-113. Provisions deemed nontestamentary–Rights of creditors not limited. (a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed or gift, marital property […]
Section 29A-6-114 – Payment of P.O.D.
29A-6-114.Payment of P.O.D. Any P.O.D. account may be paid, on request, to any original party to the account. Payment may be made, on request, to the P.O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee upon presentation to the financial institution of proof of death showing that the P.O.D. payee […]
Section 29A-5A-502 – Relation to Electronic Signatures in Global and National Commerce Act.
29A-5A-502.Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of […]
Section 29A-5A-503 – Transitional provision.
29A-5A-503. Transitional provision. (a) This chapter applies to guardianship and protective proceedings begun after June 30, 2011. (b) The provisions of §§29A-5A-101 to 29A-5A-106, inclusive, and 29A-5A-301 to 29A-5A-502, inclusive, apply to proceedings begun before July 1, 2011, regardless of whether a guardianship or protective order has been issued. Source: SL 2011, ch 135, §504.
Section 29A-6-101 – Definition of terms.
29A-6-101. Definition of terms. Terms used in §§29A-6-101 to 29A-6-114, inclusive, mean: (1)”Account,” any contract of deposit of funds between a depositor and a financial institution, and includes any checking account, savings account, certificate of deposit, share account, and other like arrangement; (2)”Beneficiary,” any person named in a trust account as one for whom a […]
Section 29A-6-102 – Application to controversies between parties and between parties and P.O.D.
29A-6-102.Application to controversies between parties and between parties and P.O. D. The provisions of §§29A-6-103 to 29A-6-105, inclusive, concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries of multiple-party accounts, are relevant only to controversies between these persons and their creditors and other successors, and have no bearing on […]
Section 29A-6-103 – Ownership of joint account, P.O.D.
29A-6-103.Ownership of joint account, P.O.D. (1) A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent. (2) A P.O.D. account belongs to the original payee during his lifetime […]
Section 29A-6-104 – Rights of survivorship upon death of party to joint account, P.O.D.
29A-6-104.Rights of survivorship upon death of party to joint account, P.O. D. (1) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time […]
Section 29A-5A-205 – Exclusive and continuing jurisdiction.
29A-5A-205. Exclusive and continuing jurisdiction. Except as otherwise provided in §29A-5A-204, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms. Source: SL 2011, […]