2006 Louisiana Laws - RS 6:653.1 — Trust deposits; death of depositor, payment

§653.1.  Trust deposits; death of depositor, payment

A.  Upon the death of a member who has deposited a sum in any federal or state credit union account evidencing an intention that upon the death of the member, the funds shall belong to such member's spouse, or to one or more children or grandchildren, parents, or siblings of the member, the federal or state credit union may pay the share account, together with the dividends or interest accruing thereto, to the person for whom the deposit was made.  The member shall, at the time such share account is established, give to the federal or state credit union an affidavit stating that all designated beneficiaries of such a share account are within the required degree of kinship as provided herein, and the federal or state credit union may rely conclusively thereon.

B.  The title of such a share account must include the terms "in trust for", "as trustee for", or "payable on death to", such beneficiary or beneficiaries.  Such beneficiaries must be specifically named in the share account records of the federal or state credit union.

C.  The term "children" includes any natural-born, adopted, and stepchildren of the depositor and the term "grandchildren" includes any natural-born, adopted, and stepchildren of any of the member's children.

D.(1)  When a share account described in Subsection A of this Section is established by more than one member, the respective interests of each member shall be deemed equal to that of each other member, unless otherwise stated in the federal or state credit union's share account records.

(2)  When a share account described in Subsection A of this Section is established for more than one beneficiary, the respective interests of each shall be deemed equal to that of each other beneficiary, unless otherwise stated in the federal or state credit union share account records.

E.  No federal or state credit union paying a beneficiary in accordance with this Section shall be liable to the estate or any heir of the decedent nor shall the share account holder be liable for any estate, inheritance, or succession taxes which may be due the state, and delivery of the funds shall constitute a full and complete discharge of the federal or state credit union for the payment or delivery so made and shall relieve the federal or state credit union from all adverse claims thereto by a person claiming as a surviving or former spouse or a successor to such a spouse.

F.  The provisions of this Section shall apply notwithstanding the fact the decedent designates a beneficiary by last will and testament.

Acts 1991, No. 535, §1; Acts 2001, No. 887, §1, eff. June 26, 2001.