Bill Text: IA HF649 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to probate law, including charitable organizations as named beneficiaries.(Formerly HF 515; See HF 2366.)
Spectrum: Committee Bill
Status: (Introduced) 2024-02-26 - Withdrawn. H.J. 397. [HF649 Detail]
Download: Iowa-2023-HF649-Introduced.html
House
File
649
-
Introduced
HOUSE
FILE
649
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
515)
A
BILL
FOR
An
Act
relating
to
probate
law,
including
charitable
1
organizations
as
named
beneficiaries.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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649
Section
1.
NEW
SECTION
.
633.358
Charitable
organization
1
beneficiary
affidavit
and
third-party
protection.
2
1.
A
charitable
organization,
as
defined
in
section
3
15E.311,
may
present
an
affidavit
to
any
person
for
the
purpose
4
of
obtaining
property,
or
information
regarding
property,
owned
5
by
a
decedent
for
which
the
charitable
organization
is
a
named
6
beneficiary.
7
2.
To
collect
the
property
owned
by
the
decedent,
8
the
charitable
organization
shall
furnish
to
the
person
9
an
affidavit
under
penalty
of
perjury
stating
all
of
the
10
following:
11
a.
The
decedent’s
name
and
last
known
address.
12
b.
A
general
description
of
the
property
of
the
decedent
13
that
is
to
be
paid
or
transferred
to
the
charitable
14
organization.
15
c.
The
charitable
organization’s
name,
address,
and
primary
16
contact
information.
17
d.
A
statement
requesting
that
the
property
to
be
paid
or
18
transferred
to
the
charitable
organization.
19
e.
Affirmation
that
the
charitable
organization’s
20
tax-exempt
status
has
not
been
revoked,
modified,
or
amended
21
in
any
manner
which
would
cause
the
representations
in
the
22
affidavit
to
be
incorrect.
23
f.
A
statement
confirming
that
no
inheritance,
income,
24
property,
or
other
taxes
are
owed
to
the
department
of
revenue,
25
local
governments,
or
the
federal
internal
revenue
service
on
26
the
property
listed
in
the
affidavit.
27
g.
A
statement
that
no
persons,
other
than
the
charitable
28
organization,
have
a
right
to
the
interest
in
the
decedent’s
29
property
listed
in
the
affidavit.
30
h.
A
statement
that
the
information
in
the
affidavit
is
true
31
and
correct.
32
3.
The
affidavit
shall
be
signed
by
an
officer
of
the
33
charitable
organization,
sworn
and
subscribed
to
under
penalty
34
of
perjury
before
a
notary,
and
be
accompanied
with
all
of
the
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649
following:
1
a.
A
photocopy
of
the
charitable
organization’s
tax-exempt
2
status
from
the
federal
internal
revenue
service.
3
b.
A
death
certificate
of
the
property
owner
if
the
person
4
has
not
been
notified
of
the
decedent’s
death.
5
c.
A
corporate
resolution
or
similar
statement
of
authority
6
to
act
on
behalf
of
the
organization.
7
d.
Federal
internal
revenue
service
form
W-9
completed
by
8
the
charitable
organization.
9
4.
A
person
receiving
an
affidavit
under
this
section
10
shall
not
request
any
additional
personal
information
from
11
any
individual
employed
by,
or
serving
on
the
board
of,
such
12
charitable
organization,
including
but
not
limited
to
any
of
13
the
following
personal
information
from
any
individual:
14
a.
Social
security
number.
15
b.
Contact
information.
16
c.
Financial
information.
17
5.
If
the
requirements
of
this
section
are
satisfied,
all
18
of
the
following
apply:
19
a.
The
decedent’s
property
shall
be
paid,
delivered,
or
20
transferred
to
or
for
the
benefit
of
the
successor.
21
b.
A
transfer
agent
of
a
security
described
in
the
22
affidavit
shall
change
registered
ownership
on
the
books
of
23
the
corporation
from
the
decedent
to
or
for
the
benefit
of
the
24
successor.
25
6.
A
person
who
in
good
faith
relies
on
the
property
26
or
information
a
charitable
organization
provides
under
27
this
section,
who
has
no
knowledge
that
the
representations
28
contained
in
the
affidavit
are
incorrect,
shall
not
be
liable
29
to
any
person
for
so
acting
and
may
assume
without
inquiry
the
30
existence
of
the
facts
contained
in
the
affidavit.
The
period
31
of
time
to
verify
a
charitable
organization’s
authority
shall
32
not
exceed
thirty
days
from
the
date
the
person
received
the
33
affidavit.
Any
right
or
title
acquired
from
the
charitable
34
organization
in
consideration
of
the
provision
of
property
or
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information
under
this
section
is
not
invalid
in
consequence
of
1
misapplication
by
the
charitable
organization.
A
transaction
2
and
a
lien
created
by
a
transaction,
entered
into
by
the
3
charitable
organization
and
a
person
acting
in
reliance
on
the
4
affidavit
under
this
section,
is
enforceable
against
the
assets
5
the
charitable
organization
has
requested.
6
7.
If
a
person
refuses
to
provide
the
requested
property
7
or
information
within
thirty
days
of
receiving
the
affidavit,
8
the
charitable
organization
may
bring
an
action
to
recover
9
the
property
or
information,
or
to
compel
the
delivery
of
10
the
property,
against
the
person
to
whom
the
charitable
11
organization
presented
the
affidavit.
An
action
brought
under
12
this
section
must
be
brought
within
one
year
after
the
date
13
of
the
act
or
failure
to
act.
If
the
court
finds
that
the
14
person
acted
unreasonably
in
failing
to
deliver
the
property
or
15
information
as
requested
in
the
affidavit,
the
court
may
award
16
to
the
charitable
organization
any
of
the
following:
17
a.
Damages
sustained.
18
b.
Costs
of
the
action.
19
c.
A
penalty
in
an
amount
determined
by
the
court
between
20
five
hundred
dollars
and
ten
thousand
dollars.
21
d.
Reasonable
attorney
fees
based
on
the
value
of
the
time
22
reasonably
expended
by
the
attorney
and
not
by
the
amount
of
23
the
recovery
on
behalf
of
the
charitable
organization.
24
8.
This
section
does
not
limit
or
change
the
rights
of
25
beneficiaries,
heirs,
or
creditors
to
estate
property
to
which
26
they
are
otherwise
entitled.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
probate
law
regarding
charitable
31
organizations
named
as
beneficiaries
of
an
estate.
The
bill
32
allows
a
charitable
organization
to
present
an
affidavit
33
to
any
person
for
the
purpose
of
obtaining
property,
or
34
information
regarding
property,
owned
by
a
decedent
for
which
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the
charitable
organization
is
a
named
beneficiary.
The
bill
1
provides
the
representations
and
requirements
of
the
affidavit
2
presented.
The
bill
prohibits
a
person
from
requesting
any
3
additional
personal
information
of
an
individual
employed
by,
4
or
serving
on
the
board
of,
such
charitable
organization.
5
The
bill
provides
that
upon
completion
of
the
bill’s
6
requirements,
the
charitable
organization
shall
receive
the
7
decedent’s
property
as
the
beneficiary
and
a
transfer
agent
of
8
a
security
described
in
the
affidavit
shall
change
registered
9
ownership
on
the
books
of
the
corporation
from
the
decedent
to
10
or
for
the
benefit
of
the
successor.
The
bill
provides
that
11
a
person
in
good
faith
that
relies
upon
and
has
no
knowledge
12
that
the
representations
in
the
affidavit
are
incorrect
shall
13
not
be
liable
to
any
person
for
so
acting
in
reliance
of
the
14
affidavit.
The
person
who
received
the
request
has
30
days
to
15
verify
the
affidavit
and
provide
the
information
or
requested
16
property
to
the
charitable
organization.
Upon
failing
to
do
17
so
the
charitable
organization
may
bring
an
action
to
recover
18
the
property,
information,
or
to
compel
the
delivery
of
the
19
property
against
the
person
to
whom
the
charitable
organization
20
presented
the
affidavit.
The
bill
allows
an
action
to
be
21
brought
within
one
year
after
the
date
of
the
act
or
failure
22
to
act.
If
the
charitable
organization
prevails
in
the
court
23
action,
the
court
may
also
award
damages
sustained,
costs
of
24
the
action,
a
penalty
determined
by
the
court
of
not
less
than
25
$500
and
not
more
than
$10,000,
and
reasonable
attorney
fees.
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