Title 53, Chapter 5, Section 70
( 53-5-70)
(a) A registering entity offering to accept registrations in
beneficiary form may establish the terms and conditions under which
it will receive requests for registrations in beneficiary form and
for implementation of registrations in beneficiary form, including
requests for cancellation of previously registered transfer on death
beneficiary designations and requests for reregistration to effect a
change of beneficiary. The terms and conditions so established may
provide for proving death, avoiding or resolving any problems
concerning fractional shares, designating primary and contingent
beneficiaries, and substituting a named beneficiary's descendants to
take in the place of the named beneficiary in the event of the
beneficiary's death. Substitution may be indicated by appending to
the name of the primary beneficiary the letters "LDPS," standing for
lineal descendants per stirpes. This designation substitutes a
deceased beneficiary's descendants who survive the owner for a
beneficiary who fails to so survive, the descendants to be
identified and to share in accordance with the law of the
beneficiary's domicile at the owner's death governing inheritance by
descendants of an intestate. Other forms of identifying
beneficiaries who are to take on one or more contingencies and rules
for providing proofs and assurances needed to satisfy reasonable
concerns by registering entities regarding conditions and identities
relevant to accurate implementation of registrations in beneficiary
form may be contained in a registering entity's terms and
conditions. (b) The following are illustrations of registrations in beneficiary
form which a registering entity may authorize: (1) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John
S. Brown, Jr.; (2) Multiple owners-sole beneficiary: John S. Brown Mary B. Brown
JT TEN TOD John S. Brown, Jr.; (3) Multiple owners-primary and secondary (substituted)
beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S.
Brown, Jr., SUB BENE Peter Q. Brown or John S. Brown Mary B. Brown
JT TEN TOD John S. Brown, Jr., LDPS. |