Louisiana House Bill HB459

Louisiana 2018 Regular Session

• Introduced: 3/1/18
• Refer: 3/2/18
• Refer: 3/12/18
• Report Pass: 3/20/18
• Engrossed: 3/27/18
• Refer: 3/28/18
• Report Pass: 4/25/18
• Enrolled: 5/7/18
• Chaptered: 5/10/18
• Passed: 5/10/18

Caption

Provides for the transfer of small deposits upon the death of an intestate depositor

Impact

The legislation will amend existing laws concerning the estate administration of deceased individuals without a last will and testament. Specifically, it will allow financial institutions to transfer deposit amounts, up to the newly defined limit of twenty thousand dollars, to eligible heirs based on a simple affidavit. This change is expected to expedite the distribution of small estates, which can often be encumbered by lengthy legal processes and associated costs. It thus provides relief to families during a challenging time by allowing for faster access to financial resources.

Summary

House Bill 459 focuses on the transfer of small deposits held in a bank or financial institution upon the death of an intestate depositor. The bill aims to streamline the process for surviving spouses or heirs to access these funds by raising the limit on what constitutes a 'small deposit' from five thousand dollars to twenty thousand dollars. This adjustment is intended to facilitate a smoother and quicker transfer of assets in circumstances where individuals die without a will, thereby alleviating some of the administrative burdens that currently exist.

Sentiment

The sentiment surrounding HB 459 appears to be supportive, particularly among legislators who recognize the necessity of updating existing laws to reflect the practical concerns faced by families dealing with the financial aftermath of a loved one's death. The unanimous Senate vote of 30-0 indicates a strong bipartisan agreement on the bill's purpose and its potential benefits, suggesting that it addresses a widely acknowledged issue regarding small estate management.

Contention

Although the bill seems to enjoy broad support, some concerns may persist regarding the adequacy of the affidavit process in preventing fraudulent claims. The legal ramifications of relying on an affidavit without a more thorough verification process could expose banks to risks if future heirship disputes arise. Additionally, there may be questions about whether the increase in the deposit threshold adequately reflects the financial realities faced by families and if it sets a precedent for further amendments to estate management laws in the future.