A beneficiary is a person or entity, such as a charitable organization, legally designated to receive an asset or property when the owner of that asset or property dies. Beneficiaries may be named on bank and brokerage accounts, insurance policies, and retirement accounts.
Under state law, a "charitable organization" means any entity that solicits or collects contributions that are used to support a charitable purpose, including any religious, scientific, humanitarian, environmental, civic, literary or educational purpose, or any other purpose that is beneficial to the community.
A holder of the property with a beneficiary designation must provide written notice to each charitable organization listed under the beneficiary designation no later than 10 days after the death of the property's owner. The notice must include instructions for how to submit a claim or inquiry regarding the designated property.
To obtain the property or information regarding the property, a charitable organization designated as a beneficiary may present to the holder of property an affidavit that contains specified information, including a general description of the property, to the extent known, and a statement that no other person has a superior right to the property. The affidavit may request that the property be transferred or information released to the charitable organization.
If an affidavit requests the transfer of ownership of the property to the charitable organization, a holder of property must transfer the property directly to the charitable organization within 30 days of receiving the affidavit.
A holder of property may not:
A charitable organization may bring an action to compel compliance or obtain damages against a holder of property who fails to deliver the required notice or transfer the property. The court may award actual damages, court costs, a civil penalty between $500 and $10,000, and reasonable attorneys' fees.