Mont. Admin. r. 42.38.305

Current through Register Vol. 23, December 6, 2024

Rule 42.38.305 - CLAIMS FOR RECOVERY OF PROPERTY DELIVERED TO STATE

(1) The owner of property which has been delivered to the Department of Revenue as abandoned property must claim the property or the proceeds of the property on forms supplied by the department.

(a) No claim may be filed for property with a value of less than $50 unless the holder has specifically identified the owner of the property to the department, and the holder has done so since the implementation of the department's new abandoned property computerized tracking system in June 2007.

(2) General claim 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 and bearing the notarized signature of the owner, if required by the department.

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

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

(3) Specific claim 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's check.

(b) Originals or photocopies 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 or letter from the Clerk of District Court stating there is no will or probate record on file;

(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 driver's license;

(xii) social security card;

(xiii) voter registration card;

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

(xv) affidavit of authority to receive and disburse funds for the company;

(xvi) affidavit for collection of personal property of decedent;

(xvii) proof of federal identification number;

(xviii) proof of address;

(xix) disposition of stock; and

(xx) decedent's family history.

(4) The department may require any other documents as provided in (3) to verify the claim.

Mont. Admin. r. 42.38.305

Transfer from section 42.38.203, 2015 MAR p. 2036, Eff. 11/13/2015.

70-9-828, MCA; IMP, 70-9-815, 70-9-825, MCA;