15-6-113. FINANCIAL INSTITUTION PROTECTION — SETOFF. Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to setoff against the account in which the party has or had immediately before his death a present right of withdrawal. The amount of the account subject to setoff is that proportion to which the debtor is, or was immediately before his death, beneficially entitled, and in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal.
History:
[I.C., sec. 15-6-113, as added by 1971, ch. 111, sec. 1, p. 233.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 6 - NONPROBATE TRANSFERS
Part 1 - MULTIPLE-PARTY ACCOUNTS
Section 15-6-101 - DEFINITIONS.
Section 15-6-102 - OWNERSHIP AS BETWEEN PARTIES, AND OTHERS — PROTECTION OF FINANCIAL INSTITUTIONS.
Section 15-6-103 - OWNERSHIP DURING LIFETIME.
Section 15-6-104 - RIGHT OF SURVIVORSHIP.
Section 15-6-105 - EFFECT OF WRITTEN NOTICE TO FINANCIAL INSTITUTION.
Section 15-6-106 - ACCOUNTS AND TRANSFERS NONTESTAMENTARY.
Section 15-6-107 - LIABILITY OF NONPROBATE TRANSFEREES FOR CREDITOR CLAIMS AND STATUTORY ALLOWANCES.
Section 15-6-108 - FINANCIAL INSTITUTION PROTECTION — PAYMENT ON SIGNATURE OF ONE PARTY.
Section 15-6-110 - FINANCIAL INSTITUTION PROTECTION — PAYMENT OF P.O.D. ACCOUNT.
Section 15-6-111 - FINANCIAL INSTITUTION PROTECTION — PAYMENT OF TRUST ACCOUNT.
Section 15-6-112 - FINANCIAL INSTITUTION PROTECTION — DISCHARGE.
Section 15-6-113 - FINANCIAL INSTITUTION PROTECTION — SETOFF.