State Codes and Statutes

Statutes > Nebraska > Chapter30 > 30-2719

30-2719. Forms.(a) A contract of deposit that contains provisions in substantially the form provided in this subsection establishes the type of account provided, and the account is governed by the provisions of sections 30-2716 to 30-2733 applicable to an account of that type.UNIFORM SINGLE- OR MULTIPLE-PARTY ACCOUNT FORMPARTIES (Name One Or More Parties): .................OWNERSHIP (Select One And Initial):.....SINGLE-PARTY ACCOUNT.....MULTIPLE-PARTY ACCOUNTParties own account in proportion to net contributions unless there is clear and convincing evidence of a different intent.RIGHTS AT DEATH (Select One And Initial):.....SINGLE-PARTY ACCOUNTAt death of party, ownership passes as part of party's estate......SINGLE-PARTY ACCOUNT WITH POD (PAY ON DEATH) DESIGNATION(Name One Or More Beneficiaries): ......................At death of party, ownership passes to POD beneficiaries and is not part of party's estate......MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIPAt death of party, ownership passes to surviving parties......MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD (PAY ON DEATH) DESIGNATION (Name One Or More Beneficiaries): ........................................At death of last surviving party, ownership passes to POD beneficiaries and is not part of last surviving party's estate......MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIPAt death of party, deceased party's ownership passes as part of deceased party's estate.AGENCY (POWER OF ATTORNEY) DESIGNATION (Optional)Agents may make account transactions for parties but have no ownership or rights at death unless named as POD beneficiaries. (To Add Agency Designation To Account, Name One Or More Agents): ...........................................................(Select One And Initial):.....AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES.....AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES(b) A contract of deposit that does not contain provisions in substantially the form provided in subsection (a) of this section is governed by the provisions of sections 30-2716 to 30-2733 applicable to the type of account that most nearly conforms to the depositor's intent. SourceLaws 1993, LB 250, § 5. AnnotationsThis section provides that extrinsic evidence of the depositor's intent as to what type of account was created is relevant only when the contract of deposit in not in substantially the form provided in subsection (a) of this section. When the contract of deposit for an account is substantially in such form, the account will be treated as being the type of account designated on the form; if the contract of deposit is not in such form, then the depositor's intent is relevant to determine the type of account pursuant to subsection (b) of this section. Eggleston v. Kovacich, 274 Neb. 579, 742 N.W.2d 471 (2007).