2010 Georgia Code 7-1-821 Case Law
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One Click Case Law for § 7-1-821
O.C.G.A. § 7-1-820 <-- --> O.C.G.A. §7-1-840



2010 Georgia Code

TITLE 7 - BANKING AND FINANCE

CHAPTER 1 - FINANCIAL INSTITUTIONS
ARTICLE 8 - MULTIPLE-PARTY ACCOUNTS
§ 7-1-821 - Financial institution protection -- Right to setoff

O.C.G.A. 7-1-821 (2010)
7-1-821. Financial institution protection -- Right to setoff


Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to setoff against the account in which the party has or had immediately before his death a present right of withdrawal. The amount of the account subject to setoff is that proportion to which the debtor is or was immediately before his death beneficially entitled and, in the absence of proof of net contributions, an equal share with all parties having present rights of withdrawal.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com