Text: S03174 Text: S03176 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 413 as follows:
1 2 #1. Page 2, by inserting after line 34 the
1 3 following:
1 4 "Sec. ___. NEW SECTION. 533.49E SAFE DEPOSIT
1 5 ACCESS ON DEATH OF OWNER OR LESSEE.
1 6 1. A credit union shall permit a person named in
1 7 and authorized by a court order to open, examine, and
1 8 remove the contents of a safe deposit box located at
1 9 the credit union. If a court order has not been
1 10 delivered to the credit union, the following persons
1 11 may access and remove any or all contents of a safe
1 12 deposit box located at a state credit union and
1 13 described in an ownership or rental agreement or lease
1 14 between the state credit union and a deceased owner or
1 15 lessee:
1 16 a. A co-owner or co-lessee of the safe deposit
1 17 box.
1 18 b. A person designated in the safe deposit box
1 19 agreement or lease to have access to the safe deposit
1 20 box upon the death of the lessee, to the extent
1 21 provided in the safe deposit box agreement or lease.
1 22 c. An executor or administrator of the estate of a
1 23 deceased owner or lessee upon delivery to the state
1 24 credit union of a certified copy of letters of
1 25 appointment.
1 26 d. A person named as an executor in a copy of a
1 27 purported will produced by the person, provided such
1 28 access shall be limited to the removal of a purported
1 29 will, and no other contents shall be removed.
1 30 e. A trustee of a trust created by the deceased
1 31 owner or lessee upon delivery to the state credit
1 32 union of a copy of the trust together with an
1 33 affidavit by the trustee which certifies that the copy
1 34 of the trust delivered to the state credit union with
1 35 the affidavit is an accurate and complete copy of the
1 36 trust, the trustee is the duly authorized and acting
1 37 trustee under the trust, the trust property includes
1 38 property in the safe deposit box, and that to the
1 39 knowledge of the trustee the trust has not been
1 40 revoked.
1 41 2. A person removing any contents of a safe
1 42 deposit box pursuant to subsection 1 shall deliver any
1 43 writing purported to be a will of the decedent to the
1 44 court having jurisdiction over the decedent's estate,
1 45 and shall deliver any document purported to be an
1 46 insurance policy on the life of the decedent to the
1 47 beneficiary named in such policy.
1 48 3. a. If a person authorized to have access under
1 49 subsection 1 does not request access to the safe
1 50 deposit box within the thirty-day period immediately
2 1 following the date of death of the owner or lessee of
2 2 a safe deposit box, and the state credit union has
2 3 knowledge of the death of the owner or lessee of the
2 4 safe deposit box, the safe deposit box may be opened
2 5 by or in the presence of two officers of the state
2 6 credit union. If no key is produced, the state credit
2 7 union may cause the safe deposit box to be opened and
2 8 the state credit union shall have a claim against the
2 9 estate of the deceased owner or lessee and a lien upon
2 10 the contents of the safe deposit box for the costs of
2 11 opening and resealing the safe deposit box.
2 12 b. If a safe deposit box is opened pursuant to
2 13 paragraph "a", the credit union officers present at
2 14 such opening shall do all of the following:
2 15 (1) Remove any purported will of the deceased
2 16 owner or lessee.
2 17 (2) Unseal, copy, and retain in the records of the
2 18 state credit union a copy of a purported will removed
2 19 from the safe deposit box. An additional copy of such
2 20 purported will shall be made, dated, and signed by the
2 21 officers present at the safe deposit box opening and
2 22 placed in the safe deposit box. The safe deposit box
2 23 shall then be resealed.
2 24 (3) The original of a purported will shall be sent
2 25 by registered or certified mail or personally
2 26 delivered to the district court in the county of the
2 27 last known residence of the deceased owner or lessee
2 28 or the court having jurisdiction over the testator's
2 29 estate. If the residence is unknown or last known and
2 30 not in this state, the purported will shall be sent by
2 31 registered or certified mail or personally delivered
2 32 to the district court in the county where the safe
2 33 deposit box is located.
2 34 3. The state credit union may rely upon published
2 35 information or other reasonable proof of death of an
2 36 owner or lessee. A state credit union has no duty to
2 37 inquire about or discover, and is not liable to any
2 38 person for failure to inquire about or discover, the
2 39 death of the owner or lessee of a safe deposit box. A
2 40 state credit union has no duty to open or cause to be
2 41 opened, and is not liable to any person for failure to
2 42 open or cause to be opened, a safe deposit box of a
2 43 deceased owner or lessee. Upon compliance with the
2 44 requirements of subsection 1 or 2, the state credit
2 45 union is not liable to any person as a result of the
2 46 opening of the safe deposit box, removal and delivery
2 47 of the purported will, or retention of the unopened
2 48 safe deposit box and contents."
2 49 2. Title page, line 2, by inserting after the word
2 50 "banks" the following: "and credit unions".
3 1
3 2
3 3
3 4 JOHN REDWINE
3 5 SF 413.701 78
3 6 mj/sc
Text: S03174 Text: S03176 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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