ยง560:6-107 - Rights against multiple-party accounts.
ยง560:6-107ย Rights against multiple-party
accounts.ย A transfer to a survivor of a multiple-party account can be set
aside, to the extent described below, in the event the assets in the hands of
the personal representative of the deceased party are insufficient to pay
taxes, expenses of administration, and homestead and family allowances under
sections 560:2-402 and 560:2-404.ย A surviving party, payable-on-death payee,
or beneficiary who receives payment from a multiple-party account after the
death of a deceased party may, on application of the personal representative of
the deceased party's estate, the surviving spouse or reciprocal beneficiary of
the deceased party, or one acting for a dependent or minor child of the
deceased party, be required to account to said personal representative for the
deceased party's net contribution to the account to the extent necessary to
discharge the insufficiency described above.ย No proceeding to assert this
right shall be commenced later than two years following the death of the
deceased party.ย Sums recovered hereunder shall be administered as part of the
decedent's estate.ย This section shall not affect the right of a financial
institution to make payment on multiple-party accounts according to the terms
thereof, or make it liable to the estate of a deceased party unless before
payment either the institution has been served with process in a proceeding by
the personal representative or the institution has actual knowledge that making
payment will jeopardize the payment of the taxes, expenses and allowances above
mentioned. [L 1976, c 200, pt of ยง1; am L 1977, c 144, ยง51; am L 1996, c 288,
ยง4; am L 1997, c 383, ยง19]