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.

Terms Used In Indiana Code 32-17-14-19

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
     (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.