In sections 30-2716 to 30-2733:
(1) Account means a contract of deposit between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, and share account.
(2) Agent means a person authorized to make account transactions for a party.
(3) Beneficiary means a person named as one to whom sums on deposit in an account are payable on request after death of all parties or for whom a party is named as trustee.
(4) Financial institution means an organization authorized to do business under state or federal laws relating to financial institutions, and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association, and credit union.
(5) Multiple-party account means an account payable on request to one or more of two or more parties, whether or not a right of survivorship is mentioned.
(6) Party means a person who, by the terms of an account, has a present right, subject to request, to payment from the account other than as a beneficiary or agent.
(7) Payment of sums on deposit includes withdrawal, payment to a party or third person pursuant to check or other request, and a pledge of sums on deposit by a party, or a setoff, reduction, or other disposition of all or part of an account pursuant to a pledge.
(8) POD designation means the designation of (i) a beneficiary in an account payable on request to one party during the party's lifetime and on the party's death to one or more beneficiaries, or to one or more parties during their lifetimes and on death of all of them to one or more beneficiaries, or (ii) a beneficiary in an account in the name of one or more parties as trustee for one or more beneficiaries if the relationship is established by the terms of the account and there is no subject of the trust other than the sums on deposit in the account, whether or not payment to the beneficiary is mentioned.
(9) Receive, as it relates to notice to a financial institution, means receipt in the office or branch office of the financial institution in which the account is established, but if the terms of the account require notice at a particular place, in the place required.
(10) Request means a request for payment complying with all terms of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but, for purposes of sections 30-2716 to 30-2733, if terms of the account condition payment on advance notice, a request for payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for payment.
(11) Sums on deposit means the balance payable on an account, including interest and dividends earned, whether or not included in the current balance, and any deposit life insurance proceeds added to the account by reason of death of a party.
(12) Terms of the account include the deposit agreement and other terms and conditions, including the form, of the contract of deposit.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1998–2021 · leading case:
In Re Trust of Rosenberg, 727 N.W.2d 430 (Neb. 2007).
Norwest Bank Nebraska, N.A. v. Katzberg, 661 N.W.2d 701 (Neb. 2003).
· cites it 10× “” We note that Neb. Rev. Stat. § 30-2716 (Reissue 1995), taken from the Uniform Probate Code, provides definitions applicable to, inter alia, §§ 30-2723 and 30-2724.”
Crosby v. Luehrs, 669 N.W.2d 635 (Neb. 2003).
· cites it 2× “See Neb. Rev. Stat. §§ 30-2716 (8) and 30-2723(b)(2) (Reissue 1995).”
Eggleston v. Kovacich, 742 N.W.2d 471 (Neb. 2007).
· cites it 2× “” Under § 30-2719(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…”
Zimmerman v. FirsTier Bank, N.A., 585 N.W.2d 445 (Neb. 1998).
· cites it 2× “The court further found that whether analyzed under the statutory provisions applicable to multiple party accounts in effect at the time of Griess’ death, Neb. Rev. Stat. §§ 30-2701 to 30-2713 (Reissue 1989), or the laws which replaced them effective September 9, 1993, Neb.”
Chambers v. Bringenberg, 309 Neb. 888 (Neb. 2021).
· cites it 2× “14 Neb. Rev. Stat. §§ 30-2716 to 30-2733 (Reissue 2016).”
Newman v. Thomas, 652 N.W.2d 565 (Neb. 2002).
“The Uniform Multiple-Person Accounts Act is the second part of the Uniform Nonprobate Transfers on Death Act, which in turn corresponds to §§ 30-2716 through 30-2726 of article 27.”
Renter v. Siedenburg, 739 N.W.2d 216 (Neb. Ct. App. 2007).
· cites it 8× “” For the annuity to be an “account,” it must be a “contract of deposit” and ITT Hartford must be a “financial institution.”
In re Est. of Ackerman (Neb. Ct. App. 2017).
· cites it 5× “§ 30-2719 (a) (Reissue 2016), their interpretation is governed by the provisions of Neb. Rev. Stat. §§ 30-2716 through 30-2733 (Reissue 2016) applicable to the type of account that most nearly conforms to the depositor’s intent.”
In re Est. of Howard (Neb. Ct. App. 2017).
· cites it 3× “” Neb. Rev. Stat. § 30-2716 (1) (Reissue 2016).”
Stefan v. Lewis (Neb. Ct. App. 2013).
· cites it 2× “§ 30-2723 (Reissue 2008) to determine that the sums remaining in the account at the time of Hawkins’ death belonged to Lewis, as joint owner of the account.”
In re Est. of Lorenz (Neb. Ct. App. 2014).
“Section 30-2726 provides in relevant part: (a) If other assets of the estate are insufficient, a trans- fer resulting from a right of survivorship or POD designa- tion under sections 30-2716 to 30-2733 is not effective Decisions of the Nebraska Court of Appeals IN RE ESTATE OF…”
— Neb. Rev. Stat. § 30-2716(1) — 2 cases
Norwest Bank Nebraska, N.A. v. Katzberg, 661 N.W.2d 701 (Neb. 2003).
“” We note that Neb. Rev. Stat. § 30-2716 (Reissue 1995), taken from the Uniform Probate Code, provides definitions applicable to, inter alia, §§ 30-2723 and 30-2724.”
Renter v. Siedenburg, 739 N.W.2d 216 (Neb. Ct. App. 2007).
“” For the annuity to be an “account,” it must be a “contract of deposit” and ITT Hartford must be a “financial institution.”
— Neb. Rev. Stat. § 30-2716(2) — 1 case
— Neb. Rev. Stat. § 30-2716(4) — 2 cases
Norwest Bank Nebraska, N.A. v. Katzberg, 661 N.W.2d 701 (Neb. 2003).
“” We note that Neb. Rev. Stat. § 30-2716 (Reissue 1995), taken from the Uniform Probate Code, provides definitions applicable to, inter alia, §§ 30-2723 and 30-2724.”
Renter v. Siedenburg, 739 N.W.2d 216 (Neb. Ct. App. 2007).
“” For the annuity to be an “account,” it must be a “contract of deposit” and ITT Hartford must be a “financial institution.”
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