§ 8-1404 — Death of decedent; information regarding financial or property interests; furnished; to whom; affidavit; contents; immunity from liability; applicability of section

Nebraska § 8-1404

• Jurisdiction: Nebraska
• Ch. 8: Banks and Banking

Text

(1) This section does not apply to:
(a) Real property
owned by a decedent; or
(b) The contents of a safe deposit box rented by a decedent from
a state-chartered or federally chartered bank, savings bank, building and
loan association, savings and loan association, or credit union.
(2) After the
death of a decedent, a person (a) indebted to the decedent or (b) having possession
of (i) personal property, (ii) an instrument evidencing a debt, (iii) an obligation,
(iv) a chose in action, (v) a life insurance policy, (vi) a bank account,
(vii) a certificate of deposit, or (viii) intangible property, including annuities,
fixed income investments, mutual funds, cash, money market accounts, or stocks,
belonging to the decedent, shall furnish the value of the indebtedness or
property on the date of death and the names of the known or designated beneficiaries
of property described in this subsection to a person who is (A) an heir at
law of the decedent, (B) a devisee of the decedent or a person nominated as
a personal representative in a will of the decedent, or (C) an agent or attorney
authorized in writing by any such person described in subdivision (A) or (B)
of this subdivision, with a copy of such authorization attached to the affidavit,
and who also presents an affidavit containing the information required by
subsection (3) of this section.
(3) An affidavit presented under subsection
(2) of this section shall state:
(a) The name, address, social security number
if available, and date of death of the decedent;
(b) The name and address
of the affiant and that the affiant is (i) an heir at law of the decedent,
(ii) a devisee of the decedent or a person nominated as a personal representative
in a will of the decedent, or (iii) an agent or attorney authorized in writing
by any such person described in subdivision (i) or (ii) of this subdivision;
(c) That the
disclosure of the value on the date of death is necessary to determine whether
the decedent's estate can be administered under the summary procedures set
forth in section 30-24,125 , to assist in the determination of the inheritance
tax in an estate that is not subject to probate, or to assist a conservator
or guardian in the preparation of a final accounting subsequent to the death
of the decedent;
(d) That the affiant is answerable and accountable for the information
received to the decedent's personal representative, if any, or to any other
person having a superior right to the property or indebtedness;
(e) That the
affiant swears or affirms that all statements in the affidavit are true and
material and further acknowledges that any false statement may subject the
person to penalties relating to perjury under section 28-915 ; and
(f) That no
application or petition for the appointment of a personal representative is
pending or has been granted in any jurisdiction.
(4) A person presented
with an affidavit under subsection (2) of this section shall provide the requested
information within five business days after being presented with the affidavit.
(5) A person
who acts in good faith reliance on an affidavit presented under subsection
(2) of this section is immune from liability for the disclosure of the requested
information.

Legislative History

Source: Laws 2014, LB788, § 5.