Sec. 19. (a) A beneficiary of a transfer on death transfer takes the owner's interest in the property at the death of the owner subject to all conveyances, assignments, contracts, set offs, licenses, easements, liens, and security interests made by the owner or to which the owner was subject during the owner's lifetime.
(b) A beneficiary of a transfer on death transfer of an account with a bank, savings and loan association, credit union, broker, or mutual fund takes the owner's interest in the property at the death of the owner subject to all requests for payment of money issued by the owner before the owner's death, whether paid by the transferring entity before or after the owner's death, or unpaid. The beneficiary is liable to the payee of an unsatisfied request for payment to the extent that the request represents an obligation that was enforceable against the owner during the owner's lifetime.
(c) Each beneficiary's liability with respect to an unsatisfied request for payment is limited to the same proportionate share of the request for payment as the beneficiary's proportionate share of the account under the beneficiary designation. Each beneficiary has the right of contribution from the other beneficiaries with respect to a request for payment that is satisfied after the owner's death, to the extent that the request for payment would have been enforceable by the payee during the owner's lifetime.
As added by P.L.143-2009, SEC.41.
Structure Indiana Code
Article 17. Interests in Property
Chapter 14. Transfer on Death Property Act
32-17-14-0.2. Application of Prior Law
32-17-14-2.1. Application of Chapter to Preexisting Transfer on Death Transfers
32-17-14-5. General Rules Concerning Transfer on Death Transfers
32-17-14-6. Authority of a Transferring Entity
32-17-14-7. Agreement Between Owner and Transferring Entity
32-17-14-8. Transferring Entity's Acceptance of a Beneficiary Designation
32-17-14-9. Beneficiary Designation; Effects; Requirements
32-17-14-10. Assignment of Contract Rights
32-17-14-11. Transfer on Death Deeds
32-17-14-12. Transfer on Death Transfers of Tangible Personal Property
32-17-14-13. Direct Transfer to a Transferee to Hold as Owner in Beneficiary Form
32-17-14-14. Registration in Beneficiary Form
32-17-14-16. Changing or Revoking a Beneficiary Designation
32-17-14-17. Powers of an Attorney in Fact, a Guardian, a Conservator, or an Agent
32-17-14-20. Beneficiary Required to Survive the Owner
32-17-14-21. Trusts as Designated Beneficiaries
32-17-14-22. Substitution for Designated Beneficiaries Who Do Not Survive the Owner
32-17-14-23. Effect of Dissolution or Annulment
32-17-14-24. Fraud, Duress, Undue Influence, Mistake, or Lack of Capacity
32-17-14-25. Rights of Surviving Spouses and Children
32-17-14-26. General Rules Applying to a Beneficiary Designation
32-17-14-27. Powers and Duties of a Transferring Entity
32-17-14-28. Effect of Improper Distributions
32-17-14-29. Creditors of an Owner