42.38.201    PRESUMPTION OF ABANDONMENT -- EXCEPTION

(1) Property in the possession of a holder that is presumed abandoned under the act must be reported and delivered to the department as abandoned property.

(2) Property held by a fiduciary is presumed abandoned unless the owner has, within five years after it became payable or distributable:

(a) increased or decreased the principal;

(b) accepted payment of principal or income;

(c) corresponded in writing concerning the property; or

(d) otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary.

(3) Tangible safe deposit box property must be shipped to the following address:

Montana Department of Revenue

Unclaimed Property Manager

2517 Airport Rd.

Helena, MT 59601

History: 70-9-828, MCA; IMP, 70-9-803, 70-9-804, 70-9-805, 70-9-808, MCA; Eff. 12/31/72; AMD, Eff. 7/5/75; AMD, 1979 MAR p. 1552, Eff. 12/14/79; AMD, 1992 MAR p. 2570, Eff. 11/26/92; AMD, 1998 MAR p. 2511, Eff. 9/11/98; AMD, 2012 MAR p. 1000, Eff. 5/11/12.