Sec. 27. (a) Without qualifying any other statutory right to set off 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 set off against the account in which the party has, or had immediately before the party's death, a present right of withdrawal.
(b) The amount of the account subject to set off as described in subsection (a) is that proportion to which the debtor is, or was immediately before the debtor's death, beneficially entitled.
(c) In the absence of proof of net contributions, the amount of the account subject to set off as described in subsection (a) is an equal share with all parties having present rights of withdrawal.
[Pre-2002 Recodification Citation: 32-4-1.5-13.]
As added by P.L.2-2002, SEC.2.
Structure Indiana Code
Article 17. Interests in Property
Chapter 11. Multiple Party Accounts
32-17-11-2. "Beneficiary" Defined
32-17-11-3. "Financial Institution" Defined
32-17-11-4. "Joint Account" Defined
32-17-11-5. "Multiple Party Account" Defined
32-17-11-6. "Net Contribution" Defined
32-17-11-9. "Proof of Death" Defined
32-17-11-12. "Request" Defined
32-17-11-13. "Sums on Deposit" Defined
32-17-11-14. "Trust Account" Defined
32-17-11-15. "Withdrawal" Defined
32-17-11-16. Application of Certain Sections
32-17-11-17. Ownership of Accounts
32-17-11-18. Ownership of Accounts at Death of Party, Original Payee, or Trustee
32-17-11-19. Rights of Survivorship
32-17-11-20. Certain Transfers Not Testamentary
32-17-11-21.1. Liability for Creditor Claims and Statutory Allowances; Applicable Law
32-17-11-22. Payments; Multiple Party Accounts
32-17-11-23. Payments; Joint Accounts
32-17-11-25. Payments; Trust Accounts
32-17-11-26. Payments; Discharge of Financial Institutions From All Claims
32-17-11-27. Right of Financial Institutions to Set Off Against Accounts
32-17-11-28. Provisions in Certain Agreements Nontestamentary; Creditors' Rights
32-17-11-29. Personal Property Owned as Tenants in Common; Exceptions