Louisiana 2016 Regular Session

Louisiana House Bill HB72

Introduced
2/8/16  
Introduced
2/8/16  
Refer
2/8/16  
Refer
2/8/16  

Caption

Provides for transfer on death securities

Impact

With the adoption of HB72, Louisiana's laws regarding the transfer of securities will become more consistent with those of other states that have implemented similar provisions. This uniformity is expected to simplistically address estate matters concerning investment securities, enhancing the efficiency of asset distribution after death. The bill's provisions will allow individuals to register securities in a manner that clearly designates beneficiaries, thus eliminating potential disputes regarding asset ownership. It also permits the designation of contingent beneficiaries to further secure the transfer process.

Summary

House Bill 72, also known as the Uniform Transfer on Death Security Registration Act, aims to streamline the process of transferring ownership of certain investment securities upon the death of the owner. The bill establishes a legal framework that defines 'beneficiary form' registrations and clarifies how these securities should be treated upon the passing of the owner. This law intends to facilitate the transfer of securities directly to named beneficiaries, avoiding the complexities of probate. It primarily addresses the transfer of securities registered in the beneficiary form and provides guidelines to ensure that ownership passes to the designated beneficiaries without delay or legal confusion.

Sentiment

Overall, the sentiment surrounding HB72 appears to be supportive, particularly among estate planning professionals and financial institutions that will benefit from reduced litigation over security transfers. Proponents argue that the bill enhances clarity and efficiency in asset distribution, making it a significant advance for estate management. Critics, if any, may point out the necessity for careful documentation to avoid disputes, but the consensus seems to favor the proposed changes as favorable for the legal and financial landscape.

Contention

While the bill generally enjoys support, there could be concerns regarding how the changes may impact existing estate planning documents. Stakeholders might debate the implications of transferring securities 'outside' of probate, particularly regarding the rights of heirs and potential conflicts among beneficiaries. A critical point of discussion is the balance between simplifying the transfer process and maintaining sufficient protections for all interested parties, particularly those who might contest the validity of a beneficiary designation made without sufficient oversight.

Companion Bills

No companion bills found.

Previously Filed As

LA HB749

Provides for transfer on death securities

Similar Bills

LA HB749

Provides for transfer on death securities

TX SB1940

Relating to authorizing a beneficiary designation that transfers a manufactured home classified as personal property at the owner's death.

TX HB3395

Relating to authorizing a beneficiary designation that transfers a manufactured home classified as personal property at the owner's death.

MI HB4014

Property tax: assessments; transfer of ownership of certain real property to certain individuals; exempt from uncapping of taxable value upon transfer. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).

CA AB288

Revocable transfer on death deeds.

MI HB4572

Property tax: assessments; transfer of ownership of certain real property to certain individuals; exempt from uncapping of taxable value upon transfer. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).

MI HB4796

Property tax: other; certain references in the general property tax act; make gender neutral. Amends sec. 27a of 1893 PA 206 (MCL 211.27a). TIE BAR WITH: HJR F'23

MI HB4306

Property tax: assessments; determination of taxable value; modify. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).