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Louisiana Revised Statutes Tit. 6, § 653.4. Death of member or account owner; access and transfer of accounts, shares, and property to succession or estate representative, heirs, legatees, and legal representative

Current as of January 01, 2023 | Updated by Findlaw Staff

A. For all purposes, credit union may conduct business in accordance with its bylaws, membership agreements, and other relevant contract terms concerning a deceased member or depositor until it receives written notice specifically addressed to it of the death of the member or depositor that identifies therein the accounts, shares, all accrued interest or dividends, safe deposit boxes and their contents, and any other property, either on deposit or otherwise in the credit union's possession, that are standing in the name of the deceased member or depositor or in which the deceased member or depositor has an interest.

B. (1) In addition to the provisions of R.S. 6:664, upon receipt of letters testamentary, letters of administration, or letters of independent administration, issued by a court of competent jurisdiction in this state or any other state, appointing any authorized succession or estate representative, a credit union may grant access to or allow the transfer of contents of a safety deposit box or money or other property titled in the name of its deceased member or depositor to the succession or estate representative.

(2) Notwithstanding the provisions of Code of Civil Procedure Article 3402 or any other applicable law, a credit union may grant access to or allow the transfer of contents of a safety deposit box or money or other property titled in the name of the credit union's deceased member or depositor to the succession or estate representative appointed by a court outside of Louisiana.

(3) The credit union may continue to follow the direction of the authorized succession or estate representative related to the safety deposit box or money or other property of its deceased member or depositor unless and until the credit union receives a subsequent court order, issued by a court of competent jurisdiction, specifically naming and directing the credit union to cease following the direction of the succession or estate representative, or the credit union receives a subsequent court order, issued by a court of competent jurisdiction, limiting or terminating the authority of or replacing the succession or estate representative.

(4) A judgment of possession or court order issued by a court of competent jurisdiction issued by a court of this state or any other state recognizing and putting the legatees or heirs in possession of the estate of its deceased member or depositor shall constitute full and proper authority for the credit union holding a safety deposit box or money or other property titled in the name of the deceased member or depositor to transfer those assets to the legatees or heirs entitled to such property under the judgment of possession.

C. Conclusive proof to a credit union of the letters testamentary, letters of administration, letters of independent administration of the succession or estate representative, or judgment of possession or court order, issued by a court of competent jurisdiction, shall result from copies thereof, duly certified when rendered by a court of this state or of any other state, or certified according to the law of the place when rendered by a court of any possession or dependency of the United States, or certified according to the law of the place with the genuineness of the certification attested by a consular agent of the United States when rendered by a court of any foreign country.

D. Transfers made in accordance with the provisions of this Section shall constitute full protection to a credit union as to any heir, legatee, surviving spouse, creditor, those who are sui juris or claims related to such activity or transaction and the credit union shall have no liability to the state of Louisiana for any taxes due thereon.

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Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 6, § 653.4. Death of member or account owner; access and transfer of accounts, shares, and property to succession or estate representative, heirs, legatees, and legal representative - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-6-sect-653-4/

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