Payable on Death Accounts. Without having to establish a formal trust, you may, subject to applicable law, designate your account to be payable on your death to one or more designated beneficiaries ( payable on death or P.O.D. account ) by giving us a written (or, if applicable, electronic) beneficiary designation in the form we require in our discretion from time to time. You may designate up to six individual beneficiaries. We reserve the right to request a TIN (either a SSN or ITIN) and/or other identifying information for each beneficiary that you designate. Designated beneficiaries must have a valid U.S. mailing address. If you establish a payable on death account, the account belongs to you during your lifetime and your beneficiaries have no interest in and no access to the account until your death. Upon your death (or in the case of a Joint Account, on the death of the last-surviving Joint Account owner), all of the funds in the payable on death account will be owned by the beneficiary if then living (or in the case where there is more than one beneficiary, in equal shares by the beneficiaries then living). The funds in your P.O.D. account are not governed by your will or inherited by your heirs if a beneficiary is living upon your death (or, if applicable, upon the death of the last-surviving Joint Account owner). If there is more than one beneficiary living upon your death (or, if applicable, upon the death of the last-surviving Joint Account owner), in our sole discretion and subject to our right of set-off and security interest, we may pay the funds in a P.O.D. account in equal shares to the account’s then-living beneficiaries at the time of payment, or pay the funds by issuing a check in the name of all then-living beneficiaries, and giving the check to any one then-living beneficiary. We have no obligation to notify any beneficiary of the existence of a P.O.D. account or the vesting of an interest in such an account. Certain state law restrictions may apply to P.O.D. accounts. You are solely responsible for complying with applicable law in establishing a payable on death account. We make no representation that designating your account as a payable on death account is advisable. You should consult an attorney or other qualified estate planning professional before designating your account as a payable on death account. It may be advisable or appropriate to obtain spousal or domestic partner consent if you reside in a community property state (for example, AZ, CA, ID, LA, NV, NM, TX, WA, and WI) if a spouse or domestic partner is not named as the sole beneficiary.
Appears in 4 contracts
Samples: Deposit Account Agreement, Deposit Account Agreement, Deposit Account Agreement
Payable on Death Accounts. Without having to establish a formal trustFor an individual or joint account, you may, subject may choose to applicable law, designate make your account to be Account payable on upon your death to one or more designated beneficiaries ( payable-on-death (“POD”) beneficiaries. You can make your Account a POD account by instructing us to list each POD beneficiary on the Account and complying with applicable State law. The State in which your Account is domiciled or in which the Account owner(s) live may impose requirements that must be met to create a POD account. For example, you may have to include certain words or letters in the Account title to create a POD account, such as “payable on death death,” or P.O.D. account ) by giving us a written (or, if applicable, electronic) beneficiary designation in the form we require in our discretion from time to time. You may designate up to six individual beneficiaries. We reserve the right to request a TIN (either a SSN or ITIN) and/or other identifying information for each beneficiary that you designate. Designated beneficiaries must have a valid U.S. mailing address. If you establish a payable on death account, the account belongs to you during your lifetime and your beneficiaries have no interest in and no access to the account until your death. Upon your death (or in the case of a Joint Account, on the death of the last-surviving Joint Account owner), all of the funds in the payable on death account will be owned by the beneficiary if then living (or in the case where there is more than one beneficiary, in equal shares by the beneficiaries then living). The funds in your P.O.D. account are not governed by your will or inherited by your heirs if a beneficiary is living upon your death (or, if applicable, upon the death of the last-surviving Joint Account owner). If there is more than one beneficiary living upon your death (or, if applicable, upon the death of the last-surviving Joint Account owner), in our sole discretion and subject to our right of set-off and security interest, we may pay the funds in a P.O.D. account in equal shares to the account’s then-living beneficiaries at the time of payment, or pay the funds by issuing a check in the name of all then-living beneficiaries, and giving the check to any one then-living beneficiary. We have no obligation to notify any beneficiary of the existence of a P.O.D. account or the vesting of an interest in such an account. Certain state law restrictions may apply to P.O.D. accounts“POD”. You are solely responsible for complying meeting these requirements. We may treat your Account which names a POD beneficiary as a POD account. However, if the applicable requirements are not met, we may be required to treat your Account as though there is no POD beneficiary. During your lifetime, your POD Account belongs to you. You may close the Account, remove or add one or more POD beneficiaries, change the Account type or ownership, and withdraw all or a portion of the funds in the Account. When the Account owner or last joint owner dies, we may pay any funds remaining in the Account to the then-surviving (if any) POD beneficiary(ies), subject to our right to charge the Account for any amount a deceased owner, joint owner or POD beneficiary owes us. A POD beneficiary does not acquire an interest in the POD Account until after the death of the Account owner or the last joint owner. A POD beneficiary may acquire an interest in the Account at that time but only if the POD beneficiary is alive. Deposits may be made by one or two persons in trust for another (the “beneficiary”). Any action in connection with the Account, including withdrawals, may be made only by the trustee, or if there is more than one trustee, by all trustees, any trustee, or the survivor/surviving trustee(s). If we have not received any other written notice of the existence and terms of a trust upon the death of the trustee, or if there are two trustees, upon the death of both trustees, the funds on deposit will be paid upon request to the beneficiary, or to his or her legal representative. If you cash or deposit a check, we are legally entitled to a valid and unqualified endorsement from you, and you give us the irrevocable right to place that endorsement on the check. Also, you agree not to give us any check that you have endorsed “without recourse”. If you do, we can also place your unqualified endorsement on the check. We can also enforce against you any rights that an unqualified endorsement gives us. You will be liable for any losses or delays caused by a non-conforming endorsement or material that is on the back of a check when drawn that makes the Bank’s endorsement illegible. Endorsement on all items must be contained on the back of the check within 1 1/2 inches of the trailing edge of the check. You may identify the “trailing edge” of a check by viewing the check from the front; the trailing edge is the left edge of the check. The Bank will not be liable to you because an item you deposit to your Account, or that is cashed by you, is returned after the time set by applicable law due to a delay caused by markings on the back of the item in establishing a payable on death account. We make no representation that designating your account as a payable on death account is advisablethe space reserved for the depository bank’s endorsement. You should consult an attorney or other qualified estate planning professional before designating your account as a payable on death account. It may be advisable liable to the Bank for any loss or appropriate expense, including without limitation reasonable attorney’s fees, it incurs due to obtain spousal or domestic partner consent if you reside markings on the back of the item in a community property state (the space reserved for example, AZ, CA, ID, LA, NV, NM, TX, WA, and WI) if a spouse or domestic partner is not named as the sole beneficiarydepository bank’s endorsement.
Appears in 1 contract
Samples: Terms and Conditions Agreement
Payable on Death Accounts. Without having to establish a formal trustFor an individual or joint account, you may, subject may choose to applicable law, designate make your account to be Account payable on upon your death to one or more designated beneficiaries ( payable-on-death (“POD”) beneficiaries. You can make your Account a POD account by instructing us to list each POD beneficiary on the Account and complying with applicable State law. The State in which your Account is domiciled or in which the Account owner(s) live may impose requirements that must be met to create a POD account. For example, you may have to include certain words or letters in the Account title to create a POD account, such as “payable on death death,” or P.O.D. account ) by giving us a written (or, if applicable, electronic) beneficiary designation in the form we require in our discretion from time to time. You may designate up to six individual beneficiaries. We reserve the right to request a TIN (either a SSN or ITIN) and/or other identifying information for each beneficiary that you designate. Designated beneficiaries must have a valid U.S. mailing address. If you establish a payable on death account, the account belongs to you during your lifetime and your beneficiaries have no interest in and no access to the account until your death. Upon your death (or in the case of a Joint Account, on the death of the last-surviving Joint Account owner), all of the funds in the payable on death account will be owned by the beneficiary if then living (or in the case where there is more than one beneficiary, in equal shares by the beneficiaries then living). The funds in your P.O.D. account are not governed by your will or inherited by your heirs if a beneficiary is living upon your death (or, if applicable, upon the death of the last-surviving Joint Account owner). If there is more than one beneficiary living upon your death (or, if applicable, upon the death of the last-surviving Joint Account owner), in our sole discretion and subject to our right of set-off and security interest, we may pay the funds in a P.O.D. account in equal shares to the account’s then-living beneficiaries at the time of payment, or pay the funds by issuing a check in the name of all then-living beneficiaries, and giving the check to any one then-living beneficiary. We have no obligation to notify any beneficiary of the existence of a P.O.D. account or the vesting of an interest in such an account. Certain state law restrictions may apply to P.O.D. accounts“POD”. You are solely responsible for complying with applicable law in establishing meeting these requirements. We may treat your Account which names a payable on death POD beneficiary as a POD account. We make However, if the applicable requirements are not met, we may be required to treat your Account as though there is no representation that designating POD beneficiary. During your account as a payable on death account is advisablelifetime, your POD Account belongs to you. You should consult may close the Account, remove or add one or more POD beneficiaries, change the Account type or ownership, and withdraw all or a portion of the funds in the Account. When the Account owner or last joint owner dies, we may pay any funds remaining in the Account to the then-surviving (if any) POD beneficiary(ies), subject to our right to charge the Account for any amount a deceased owner, joint owner or POD beneficiary owes us. A POD beneficiary does not acquire an attorney interest in the POD Account until after the death of the Account owner or other qualified estate planning professional before designating your account as a payable on death accountthe last joint owner. It A POD beneficiary may acquire an interest in the Account at that time but only if the POD beneficiary is alive. Deposits may be advisable made by one or appropriate two persons in trust for another (the “beneficiary”). Any action in connection with the Account, including withdrawals, may be made only by the trustee, or if there is more than one trustee, by all trustees, any trustee, or the survivor/surviving trustee(s). If we have not received any other written notice of the existence and terms of a trust upon the death of the trustee, or if there are two trustees, upon the death of both trustees, the funds on deposit will be paid upon request to obtain spousal the beneficiary, or domestic partner consent if you reside in a community property state (for example, AZ, CA, ID, LA, NV, NM, TX, WA, and WI) if a spouse to his or domestic partner is not named as the sole beneficiaryher legal representative.
Appears in 1 contract
Samples: Terms and Conditions Agreement