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Current as of January 01, 2023 | Updated by Findlaw Staff
A. Any federally insured depository institution may pay to the surviving spouse of a depositor a sum not to exceed twenty thousand dollars out of the deposits of a decedent or out of deposits of the community between the survivor and the decedent, deposited in the name of the decedent, or of the survivor, or in the name of the decedent jointly with the survivor or otherwise, without any court proceedings, order, or judgment authorizing the same. The surviving spouse shall give to the paying depository an affidavit that the total funds withdrawn do not exceed twenty thousand dollars from all depositories.
B. In the event of such payment, the receipt of the surviving spouse to whom it is made is a full release and discharge of the payor federally insured depository institution for the amount paid and for any inheritance tax determined to be due, and no tax collector, creditor, heir, personal representative, or any other person shall have any right or cause of action against any federally insured depository institution on account of the payment.
C. Notwithstanding the provisions of Subsection A of this Section, in the event a surviving spouse possesses funds which have been deposited in an account listed solely in the name of the surviving spouse, the payor federally insured depository institution may release such funds in the account of the surviving spouse without liability for any estate, inheritance, or succession taxes which may be due to the state.
D. Notwithstanding the provisions of this Section or any other provision of law, the provisions of R.S. 6:312 establish the exclusive method for payment of funds from an alternative account.
Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 9, § 1513. Payment to surviving spouse without court proceedings - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-9-sect-1513/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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