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House File 2230

Partial Bill History

Bill Text

PAG LIN
  1  1                                             HOUSE FILE 2230
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO SAFE DEPOSIT BOX ACCESS BY A TRUSTEE OF A TRUST
  1  5    CREATED BY THE DECEASED OWNER OR LESSEE OF THE SAFE DEPOSIT
  1  6    BOX.
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 524.810A, subsection 1, unnumbered
  1 11 paragraph 1, Code 2003, is amended to read as follows:
  1 12    A bank shall permit a person named in and authorized by a
  1 13 court order to open, examine, and remove the contents of a
  1 14 safe deposit box located at the bank.  If a court order has
  1 15 not been delivered to the bank, the following persons may
  1 16 access and remove any or all contents of a safe deposit box
  1 17 located at a state bank and which box is described in an
  1 18 ownership or rental agreement or lease between the state bank
  1 19 and a deceased owner or lessee:
  1 20    Sec. 2.  Section 524.810A, subsection 1, paragraph e, Code
  1 21 2003, is amended to read as follows:
  1 22    e.  A trustee of a trust created by the deceased owner or
  1 23 lessee upon delivery to the state bank of a copy of the trust
  1 24 together with an affidavit by the trustee either of the
  1 25 following:
  1 26    (1)  A certification of trust pursuant to section 633.4604
  1 27 which certifies that the trust property is reasonably believed
  1 28 to include property in the safe deposit box.
  1 29    (2)  A copy of the trust with an affidavit by the trustee
  1 30 which certifies that a copy of the trust delivered to the
  1 31 state bank with the affidavit is an accurate and complete copy
  1 32 of the trust, that the trustee is the duly authorized and
  1 33 acting trustee under the trust, that the trust property
  1 34 includes is reasonably believed to include property in the
  1 35 safe deposit box, and that, to the knowledge of the trustee,
  2  1 the trust has not been revoked.
  2  2    Sec. 3.  Section 533.49E, subsection 1, unnumbered
  2  3 paragraph 1, Code 2003, is amended to read as follows:
  2  4    A credit union shall permit a person named in and
  2  5 authorized by a court order to open, examine, and remove the
  2  6 contents of a safe deposit box located at the credit union.
  2  7 If a court order has not been delivered to the credit union,
  2  8 the following persons may access and remove any or all
  2  9 contents of a safe deposit box located at a state credit union
  2 10 and which box is described in an ownership or rental agreement
  2 11 or lease between the state credit union and a deceased owner
  2 12 or lessee:
  2 13    Sec. 4.  Section 533.49E, subsection 1, paragraph e, Code
  2 14 2003, is amended to read as follows:
  2 15    e.  A trustee of a trust created by the deceased owner or
  2 16 lessee upon delivery to the state credit union of a copy of
  2 17 the trust together with an affidavit by the trustee either of
  2 18 the following:
  2 19    (1)  A certification of trust pursuant to section 633.4604
  2 20 which certifies that the trust property is reasonably believed
  2 21 to include property in the safe deposit box.
  2 22    (2)  A copy of the trust with an affidavit by the trustee
  2 23 which certifies that a copy of the trust delivered to the
  2 24 state credit union with the affidavit is an accurate and
  2 25 complete copy of the trust, that the trustee is the duly
  2 26 authorized and acting trustee under the trust, that the trust
  2 27 property includes is reasonably believed to include property
  2 28 in the safe deposit box, and that to the knowledge of the
  2 29 trustee the trust has not been revoked.  
  2 30 
  2 31 
  2 32                                                             
  2 33                               CHRISTOPHER C. RANTS
  2 34                               Speaker of the House
  2 35 
  3  1 
  3  2                                                             
  3  3                               JEFFREY M. LAMBERTI
  3  4                               President of the Senate
  3  5 
  3  6    I hereby certify that this bill originated in the House and
  3  7 is known as House File 2230, Eightieth General Assembly.
  3  8 
  3  9 
  3 10                                                             
  3 11                               MARGARET THOMSON
  3 12                               Chief Clerk of the House
  3 13 Approved                , 2004
  3 14 
  3 15 
  3 16                            
  3 17 THOMAS J. VILSACK
  3 18 Governor
     

Text: HF02229                           Text: HF02231
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