Louisiana SR 133: SECURITIES: Creates a task force to study the use of payable-on-death and transfer-on-death accounts and to report its findings and any recommendations for revisions to applicable Louisiana laws to the legislature.
Status: Introduced in the Senate. Read by title and placed on the Calendar for a second reading. (as of 2026-05-19)
State: Louisiana · Session: 2026 · Bill: SR 133
Sponsors: Mark Abraham
Bill Text
SLS 26RS-3732ORIGINAL 2026 Regular Session SENATE RESOLUTION NO. 133 BY SENATOR ABRAHAM SECURITIES. Creates a task force to study the use of payable-on-death and transfer-on- death accounts and to report its findings and any recommendations for revisions to applicable Louisiana laws to the legislature. 1A RESOLUTION 2To create a task force to study the use of payable-on-death and transfer-on-death accounts 3and to evaluate the need for revisions to applicable state laws. 4WHEREAS, Louisiana has long recognized the designation of beneficiaries on 5payable-on-death accounts as a method of account registration that does not transfer 6ownership during the lifetime of the account holder; and 7WHEREAS, Louisiana has only recently recognized transfer-on-death accounts as 8a method of registration of an account without transferring ownership; and 9WHEREAS, as a result, considerable uncertainty and litigation has developed 10concerning payable-on-death and transfer-on-death accounts; and 11WHEREAS, a comprehensive review of these provisions of law regarding both 12payable-on-death and transfer-on-death accounts is necessary to provide clarity, ensure 13consistency with state law, and evaluate whether revisions to existing law are warranted. 14THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana 15does hereby establish and provide for the Task Force on Payable-on-death and Transfer-on- 16death Accounts to study the use of payable-on-death and transfer-on-death accounts, to 17evaluate the need for revisions to applicable state laws, and to propose recommendations, 18together with specific proposals for legislation, by written report to the legislature and to the Page 1 of 4 SR NO. 133 SLS 26RS-3732ORIGINAL 1David R. Poynter Legislative Research Library as required by R.S. 24:771 and 772, no later 2than March 1, 2027. 3BE IT FURTHER RESOLVED that the task force shall include, at a minimum, 4consideration of the following: 5(1) The interaction of transfer-on-death accounts with Louisiana laws on forced 6heirship, including whether the statutory entitlement of a beneficiary to proceeds "against 7the estate, heirs, and legatees" is consistent with Louisiana law governing legitime and 8reduction. 9(2) The classification of transfer-on-death account proceeds under community 10property law, including the rights of surviving spouses and the characterization of account 11funds. 12(3) The treatment of transfer-on-death accounts as nonprobate transfers, including 13the statutory exemption of proceeds from probate and whether the exemption should be 14limited or conditioned. 15(4) The legal effect of beneficiary designations made by contract, including whether 16the designations should supersede testamentary dispositions or be subject to collation, 17reduction, or other succession principles. 18(5) The requirement that beneficiary designations be executed by authentic act and 19the prohibition on electronic designations or execution by power of attorney, including the 20practical and legal implications of the requirements. 21(6) The rights, duties, and liability protections afforded to financial institutions, 22including statutory discharge from liability upon payment to a named beneficiary and the 23scope of such protections. 24(7) The extent to which heirs, forced heirs, or the estate may assert claims, including 25claims based on vices of consent, and whether the remedies are sufficient to protect 26Louisiana policy interests. 27(8) The treatment of multiple owners of transfer-on-death accounts, including 28requirements for unanimous execution and the implications for ownership rights and 29beneficiary designations. 30(9) The authority of financial institutions to impose additional contractual conditions Page 2 of 4 SR NO. 133 SLS 26RS-3732ORIGINAL 1and the extent to which the conditions may conflict with or be preempted by law. 2(10) The treatment of secured interests, including the exclusion of pledged or 3assigned account funds from the operation of transfer-on-death provisions. 4(11) The interaction between transfer-on-death accounts and existing Louisiana laws 5governing payable-on-death accounts, multiple-party accounts, and similar beneficiary 6designations. 7(12) The rights of creditors of the decedent and whether the accounts should be 8subject to claims for debts, expenses of administration, or reimbursement. 9(13) Conflict of law issues, including recognition and enforcement of 10transfer-on-death accounts established under the laws of other states. 11(14) Consumer protection considerations, including risks of fraud, undue influence, 12or abuse, particularly in light of restrictions on power of attorney and electronic execution. 13(15) The overall compatibility of transfer-on-death and payable-on-death accounts 14with Louisiana's civil law tradition. 15(16) Recommendations for statutory revisions necessary to provide clarity, 16uniformity, and predictability in Louisiana law. 17(17) The devel
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