(a) Except as otherwise provided in sections 30-2716 to 30-2733, on death of a party sums on deposit in a multiple-party account belong to the surviving party or parties. If two or more parties survive and one is the surviving spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under section 30-2722 belongs to the surviving spouse. If two or more parties survive and none is the surviving spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under such section belongs to the surviving parties in equal shares, and augments the proportion to which each survivor, immediately before the decedent's death, was beneficially entitled under section 30-2722, and the right of survivorship continues between the surviving parties.
(b) In an account with a POD designation:
(1) On death of one of two or more parties, the rights in sums on deposit are governed by subsection (a) of this section.
(2)(A) On death of the sole party or the last survivor of two or more parties, sums on deposit belong to the surviving beneficiary or beneficiaries. If two or more beneficiaries survive, sums on deposit belong to them in such proportions as specified in the POD designation or, if the POD designation does not specify different proportions, in equal and undivided shares, and there is no right of survivorship in the event of death of a beneficiary thereafter. If no beneficiary survives, sums on deposit belong to the estate of the last surviving party.
(B) Except as otherwise specified in the POD designation, if there are two or more beneficiaries, and if any beneficiary fails to survive the sole party or the last survivor of two or more parties, sums on deposit belong to the surviving beneficiaries in proportion to their respective interests as beneficiaries under subdivision (2)(A) of this subsection.
(c) Sums on deposit in a single-party account without a POD designation, or in a multiple-party account that, by the terms of the account, is without right of survivorship, are not affected by death of a party, but the amount to which the decedent, immediately before death, was beneficially entitled under section 30-2722 is transferred as part of the decedent's estate. A POD designation in a multiple-party account without right of survivorship is ineffective. For purposes of this section, designation of an account as a tenancy in common establishes that the account is without right of survivorship.
(d) The ownership right of a surviving party or beneficiary, or of the decedent's estate, in sums on deposit is subject to requests for payment made by a party before the party's death, whether paid by the financial institution before or after death, or unpaid. The surviving party or beneficiary, or the decedent's estate, is liable to the payee of an unpaid request for payment. The liability is limited to a proportionate share of the amount transferred under this section, to the extent necessary to discharge the request for payment.
Notes of Decisions
In Re Est. of Lamplaugh, 708 N.W.2d 645 (Neb. 2006).
· cites it 7× “But the parties fail to cite § 30-2723(d), which states in part that [t]he ownership right of a surviving party or beneficiary, or of the decedent’s estate, in sums on deposit is subject to requests for payment made by a party before the party’s death, whether paid by the…”
Newman v. Thomas, 652 N.W.2d 565 (Neb. 2002).
· cites it 12× “Section 30-2724 provides: (a) Rights at death under section 30-2723 are determined by the type of account at the death of a party.”
In Re Trust of Rosenberg, 727 N.W.2d 430 (Neb. 2007).
· cites it 3× “Neb. Rev. Stat. § 30-2723 (a) (Reissue 1995) provides in pertinent part that “on death of a party sums on deposit in a multiple-party account belong to the surviving party or parties.”
Eggleston v. Kovacich, 742 N.W.2d 471 (Neb. 2007).
· cites it 4× “Kovacich noted that current Neb. Rev. Stat. § 30-2723 (a) (Reissue 1995) provides that “on death of a party sums in deposit in a multiple-party account belong to the surviving party or parties.”
Norwest Bank Nebraska, N.A. v. Katzberg, 661 N.W.2d 701 (Neb. 2003).
· cites it 3× “In their briefs, the parties refer to Neb. Rev. Stat. § 30-2723 (a) (Reissue 1995), which provides in part that “on death of a party sums on deposit in a multiple-party account belong to the surviving party or parties,” and to Neb.”
In re Est. of Howard (Neb. Ct. App. 2017).
· cites it 5× “See Neb. Rev. Stat. § 30-2723 (c) (Reissue 2016).”
Stefan v. Lewis (Neb. Ct. App. 2013).
· cites it 6× “The district court applied Neb. Rev. Stat. § 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 Overton, 169 B.R. 196 (Bankr. D. Neb. 1994).
· cites it 2× “Neb.Rev. Stat. §§ 30-2723, 30-2727 (West Supp.”
In re Est. of Lorenz (Neb. Ct. App. 2014).
· cites it 4× “” Further, § 30-2725 states that “a transfer resulting from the application of section 30-2723 [which includes POD accounts]” becomes effective by reason of the nonprobate statutes “and is not testamentary or subject to” the estate administration statutes.”
— Neb. Rev. Stat. § 30-2723(a) — 1 case
Stefan v. Lewis (Neb. Ct. App. 2013).
“The district court applied Neb. Rev. Stat. § 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.”
— Neb. Rev. Stat. § 30-2723(b)(2) — 3 cases
In Re Trust of Rosenberg, 727 N.W.2d 430 (Neb. 2007).
“Neb. Rev. Stat. § 30-2723 (a) (Reissue 1995) provides in pertinent part that “on death of a party sums on deposit in a multiple-party account belong to the surviving party or parties.”
Newman v. Thomas, 652 N.W.2d 565 (Neb. 2002).
“Section 30-2724 provides: (a) Rights at death under section 30-2723 are determined by the type of account at the death of a party.”
In re Est. of Lorenz (Neb. Ct. App. 2014).
“” Further, § 30-2725 states that “a transfer resulting from the application of section 30-2723 [which includes POD accounts]” becomes effective by reason of the nonprobate statutes “and is not testamentary or subject to” the estate administration statutes.”
— Neb. Rev. Stat. § 30-2723(c) — 3 cases
Newman v. Thomas, 652 N.W.2d 565 (Neb. 2002).
“Section 30-2724 provides: (a) Rights at death under section 30-2723 are determined by the type of account at the death of a party.”
In re Est. of Lorenz (Neb. Ct. App. 2014).
“” Further, § 30-2725 states that “a transfer resulting from the application of section 30-2723 [which includes POD accounts]” becomes effective by reason of the nonprobate statutes “and is not testamentary or subject to” the estate administration statutes.”
— Neb. Rev. Stat. § 30-2723(d) — 1 case
In Re Est. of Lamplaugh, 708 N.W.2d 645 (Neb. 2006).
“But the parties fail to cite § 30-2723(d), which states in part that [t]he ownership right of a surviving party or beneficiary, or of the decedent’s estate, in sums on deposit is subject to requests for payment made by a party before the party’s death, whether paid by the…”
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