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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 461

previous next Effective - 28 Aug 1995bottom

  461.031.  Effect of beneficiary designation on ownership of property during lifetime and at death. — 1.  Prior to the death of the owner, a beneficiary shall have no rights in the property by reason of the beneficiary designation and the signature or agreement of the beneficiary shall not be required for any transaction respecting the property.

  2.  On death of one of two or more joint owners, property with respect to which a beneficiary designation has been made belongs to the surviving joint owner or owners, and the right of survivorship continues as between two or more surviving joint owners.

  3.  On death of the owner, property passes by operation of law to the beneficiary.

  4.  If two or more beneficiaries survive, there is no right of survivorship among the beneficiaries in the event of death of a beneficiary thereafter unless the beneficiary designation expressly provides for survivorship among them, and, unless so expressly provided, surviving beneficiaries hold their separate interests in the property as tenants in common.  The share of any subsequently deceased beneficiary belongs to that beneficiary's estate.

  5.  If no beneficiary survives the owner, the property belongs to the estate of the owner.

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(L. 1989 H.B. 145 § 27, A.L. 1995 S.B. 116)


---- end of effective   28 Aug 1995 ----

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