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42.38.203    CLAIMS FOR RECOVERY OF PROPERTY DELIVERED TO STATE

(1) The owner of property presumed abandoned which has been delivered to the department of revenue shall claim such property or the proceeds of such property upon forms supplied by the department.

(a) No claim may be filed for property with a value of less than $50.

(2) General requirements are as follows:

(a) Submission of a claim and request for return of property in the possession of the department must be on a form prescribed by the department bearing the notarized signature of the owner.

(b) The department may require production of originals or copies of driver's license, social security card, voter registration card, or any other documents needed to verify a claimant's identity and signature.

(c) A claim received from an owner of property held by the department shall have first payment priority over any other claim, unless:

(i) such other claim is supported by a court ordered judgment against the owner; or

(ii) upon bond or other indemnified claim received from the former holder of the property.

(3) Specific requirements are as follows:

(a) In the course of verifying a claim, the department is authorized to require reproduction of any of the following:

(i) a properly completed claim form prescribed by the department, bearing the notarized signature of the claimant;

(ii) original negotiable instrument;

(iii) a stock certificate;

(iv) check;

(v) money orders;

(vi) certificate of deposit; and

(vii) cashier check.

(b) Originals or photo copies of any of the following documents to substantiate the right to claim property:

(i) death certificate;

(ii) birth certificate;

(iii) marriage license of claimant or decedent;

(iv) complete last will and testament;

(v) insurance policy;

(vi) document establishing trust;

(vii) power of attorney;

(viii) indemnity bond;

(ix) articles of incorporation;

(x) final account of decree of distribution;

(xi) valid drivers license;

(xii) social security card;

(xiii) voter registration card;

(xiv) court document showing appointment as personal representative, executor, executrix, conservator, etc.; and

(xv) affidavit of authority to receive and disburse funds for the person or company.

(4) Claims for abandoned property submitted by a finder must include:

(a) A properly completed claim form as prescribed by the department, bearing the notarized signature of the claimant; and

(b) An original, signed power of attorney authorizing the finder to prosecute a claim for abandoned property on behalf of a claimant. The power of attorney must contain:

(i) specific authorization to release private information concerning the owner's interest in the property; and

(ii) specific instructions concerning payment.

(5) Only one check is issued by the state. The check will be issued in the name of the person signing the power of attorney and mailed to the finder, unless the power of attorney specifically states that the check is to be made payable to both the finder and the person signing the power of attorney. If the check is made payable to the finder only, the power of attorney must specifically authorize "authority to receive the check in the name of the (fee finder's name) ".

(6) The department may require any other documents as pro- vided in (3) to verify the claim.

History: Sec. 70-9-828, MCA; IMP, Sec. 70-9-815 and 70-9-825, MCA; Eff. 12/31/72; AMD, Eff. 7/5/75; AMD, 1992 MAR p. 2570, Eff. 11/26/92; AMD, 1998 MAR p. 2511, Eff. 9/11/98.

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