2010 New York Code
EPT - Estates, Powers & Trusts
13-4.10 - Terms, conditions, and forms

§ 13-4.10 Terms, conditions, and forms
    (a)   A   registering  entity  offering  to  accept  registrations  in
  beneficiary form may establish the terms and conditions under  which  it
  will  receive  requests  (i)  for registrations in beneficiary form, and
  (ii) for implementation of registration in beneficiary  form,  including
  requests  for  cancellation  of  previously  registered  TOD beneficiary
  designations and requests for  reregistration  to  effect  a  change  of
  beneficiary.  The  terms  and  conditions so established may provide for
  proving death, avoiding or resolving any problems concerning  fractional
  shares,   designating   primary   and   contingent   beneficiaries,  and
  substituting a named beneficiary's descendants to take in the  place  of
  the   named  beneficiary  in  the  event  of  the  beneficiary's  death.
  Substitution may be indicated by appending to the name  of  the  primary
  beneficiary  in  letters  LDPS,  standing  for  "lineal  descendants per
  stirpes", or in  letters  LDPR,  standing  for  "lineal  descendants  by
  representation".  This  designation substitutes a deceased beneficiary's
  descendants who survive the owner for a  beneficiary  who  fails  to  so
  survive,  the  descendants  to  be identified and to share in accordance
  with the  law  of  the  beneficiary's  domicile  at  the  owner's  death
  governing  inheritance  by  descendants  of an intestate. Other forms of
  identifying beneficiaries who are to take on one or more  contingencies,
  and  rules  for  providing  proofs  and  assurances  needed  to  satisfy
  reasonable concerns by registering  entities  regarding  conditions  and
  identities  relevant  to  accurate  implementation  of  registrations in
  beneficiary form, may be contained in a registering entity's  terms  and
    (b)  The  following  are illustrations of registrations in beneficiary
  form which a registering entity may authorize:
    (1) Sole owner-sole beneficiary: John S Brown  TOD  (or  POD)  John  S
  Brown Jr.
    (2) Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN
  TOD John S Brown Jr.
    (3) Multiple owners-primary and secondary (substituted) beneficiaries:
  John  S  Brown  Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q
  Brown or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.

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