41B.400 - Payor or other third person who pays or transfers forfeited property, interest or benefit.

41B.400  Payor or other third person who pays or transfers forfeited property, interest or benefit.  Except as otherwise provided by specific statute, if a payor or other third person, in good faith, pays or transfers any property, interest or benefit to a beneficiary in accordance with the provisions of a governing instrument, the payor or other third person is not liable to another person who alleges that the payment or transfer to the beneficiary violated the provisions of this chapter unless, before the payment or transfer, the payor or other third person had actual knowledge that the beneficiary was prohibited from acquiring or receiving the property, interest or benefit pursuant to the provisions of this chapter.

      (Added to NRS by 1999, 1354)

      NRS 41B.410  Person who acquires or receives forfeited property, interest or benefit without legal right or authorization.

      1.  Except as otherwise provided in subsection 2, if a person, without legal right or authorization, acquires or receives any property, interest or benefit forfeited by a killer pursuant to the provisions of this chapter, the person is required to transfer the property, interest or benefit to the beneficiary who is entitled to it pursuant to the provisions of this chapter, or the person is liable to such beneficiary for the value of the property, interest or benefit.

      2.  The provisions of subsection 1 do not apply to a person who:

      (a) Acquired the property, interest or benefit for value and without notice; or

      (b) Received the property, interest or benefit in full or partial satisfaction of a legally enforceable obligation and without notice.

      (Added to NRS by 1999, 1354)