Missouri Signature Cards and LDPS

Posted By: leo_bsayer

Missouri Signature Cards and LDPS - 06/24/16 09:37 PM

I'm in Missouri, and our signature cards have a section where you can state that the account is a Pay on Death account, and you can name the POD. Below that, there is a section called Registration in Beneficiary Form. You can state the account owner, state the transfer on death beneficiary, and check a box that states "LDPS" or "No LDPS."

I was wondering if it would be acceptable for the bank to decide to just use the POD section, naming the POD, and not use the transfer on death section or the LDPS - basically leaving it blank.

Do you have to use the "LDPS" or "No LDPS" in Missouri, or can you just state that is a POD account and name the POD individual?
Posted By: rlcarey

Re: Missouri Signature Cards and LDPS - 06/25/16 12:50 PM

No - that is not your call, It is up to the account holder to so signify as it determines who gets the funds if the named beneficiary precedes them in death.

Lineal descendant substitutes.

461.045. 1. Whenever a person designated as beneficiary of a nonprobate transfer is a lineal descendant of the owner, and the beneficiary is deceased at the time the beneficiary designation is made or does not survive the owner, or is treated as not surviving the owner, the nonsurviving beneficiary's share shall belong to that beneficiary's lineal descendants per stirpes who survive the owner, to take in place of and in substitution for the nonsurviving beneficiary, the same as the beneficiary would have taken if the beneficiary had survived. This subsection shall not apply to a beneficiary designation with the notation "no LDPS" after a beneficiary's name or other words negating an intention to direct the transfer to the lineal descendant substitutes of a nonsurviving beneficiary.