Chapter 256 Oregon Laws 2003
AN ACT
SB 33
Relating to joint accounts; creating new provisions; and amending ORS 708A.470 and 723.480.
Be It Enacted by the People of the State of
Oregon:
SECTION 1. ORS 708A.470 is amended to read:
708A.470. (1) Sums remaining on deposit in a bank at the death of a party to a joint account are rebuttably presumed to 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 in the bank’s account records at the time of death]. If there are two or more surviving parties, their respective ownerships during their lifetimes shall be in proportion to their previous ownership interests under ORS 708A.465 augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before death. The right of survivorship continues between the surviving parties.
(2) If the account is a P.O.D. account:
(a) On the death of one of two or more original parties, the rights to any sums remaining on deposit are governed by subsection (1) of this section.
(b) On the death of the sole original party or the survivor of two or more original parties, any sums remaining on deposit belong to the P.O.D. payee or payees, if surviving, or to the survivor of them if one or more die before the original party. If two or more P.O.D. payees survive, there is no right of survivorship in the event of death of a P.O.D. payee thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.
(3) If the account is a trust account:
(a) On the death of one of two or more trustees, the rights to any sums remaining on deposit are governed by subsection (1) of this section.
(b) On the death of the sole trustee or the survivor of two or more trustees, any sums remaining on deposit belong to the person or persons named as beneficiaries, if surviving, or to the survivor of them if one or more die before the trustee, unless there is clear and convincing evidence of a contrary intent. If two or more beneficiaries survive, there is no right of survivorship in event of death of any beneficiary thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.
(4) In other cases, the death of any party to a multiple-party account has no effect on beneficial ownership of the account, other than to transfer the rights of the decedent as part of the estate of the decedent.
(5) A right of survivorship arising from the express terms of the account or under this section, a beneficiary designation in a trust account, or a P.O.D. payee designation, cannot be changed by will.
(6)
The rebuttable presumption under subsection (1) of this section may be overcome
by evidence establishing that:
(a)
The deceased party intended a different result; or
(b)
The deceased party lacked capacity when the joint account was established.
(7)
A bank is not liable for distributing sums remaining on deposit at the death of
a party to a joint account to a surviving party or parties in accordance with
the account agreement unless, prior to distributing sums to a surviving party
or parties:
(a)
The bank has received notice of an adverse claim under ORS 708A.435; and
(b) The adverse claimant proceeds as required under ORS 708A.435.
SECTION 2. ORS 723.480 is amended to read:
723.480. (1) Sums remaining on deposit at a credit union at the death of a party to a joint account are rebuttably presumed to belong to the surviving party or parties against the estate of the decedent[, unless there is clear and convincing evidence of a different intention in the credit union’s account records at the time of death of the party]. If there are two or more surviving parties, their respective ownerships during their lifetimes shall be in proportion to their previous ownership interests under ORS 723.478, augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before death. The right of survivorship continues between the surviving parties.
(2) If the account is a P.O.D. account:
(a) Upon the death of one of two or more original parties, the rights to any sums remaining on deposit are governed by subsection (1) of this section.
(b) Upon the death of the sole original party or the survivor of two or more original parties, any sums remaining on deposit belong to the P.O.D. payee or payees, if surviving, or to the survivor of them if one or more die before the original party. If two or more P.O.D. payees survive, there is no right of survivorship in the event of death of a P.O.D. payee thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.
(3) If the account is a trust account:
(a) Upon the death of one of two or more trustees, the rights to any sums remaining on deposit are governed by subsection (1) of this section.
(b) Upon the death of the sole trustee or the survivor of two or more trustees, any sums remaining on deposit belong to the person or persons named as beneficiaries, if surviving, or to the survivor of them if one or more die before the trustee, unless there is clear and convincing evidence of a contrary intent. If two or more beneficiaries survive, there is no right of survivorship in the event of death of any beneficiary thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.
(4) In other cases, the death of any party to a multiple-party account has no effect on beneficial ownership of the account, other than to transfer the rights of the decedent as part of the estate of the decedent.
(5) A right of survivorship arising under this section or from the express terms of the account, a beneficiary designation in a trust account or a P.O.D. payee designation cannot be changed by will.
(6)
The rebuttable presumption under subsection (1) of this section may be overcome
by evidence establishing that:
(a)
The deceased party intended a different result; or
(b)
The deceased party lacked capacity when the joint account was established.
(7)
A credit union is not liable for distributing sums remaining on deposit at the
death of a party to a joint account to a surviving party or parties in
accordance with the account agreement unless, prior to distributing sums to a
surviving party or parties:
(a)
The credit union has received notice of an adverse claim under ORS 723.468; and
(b) The adverse claimant proceeds as required under ORS 723.468.
SECTION 3. The amendments to ORS 708A.470 and 723.480 by sections 1 and 2 of this 2003 Act apply to the death of a party to a joint account that occurs on or after the effective date of this 2003 Act.
Approved by the Governor June 10, 2003
Filed in the office of Secretary of State June 11, 2003
Effective date January 1, 2004
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