70-9-814. Claim of another state to recover property. - Montana Statutes

     70-9-814. Claim of another state to recover property. (1) After property has been paid or delivered to the administrator under this part, another state may recover the property if:
     (a) the property was paid or delivered to the custody of this state because the records of the holder did not reflect a last-known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person entitled to the property was last known to be located within the borders of that state, and under the laws of that state, the property has escheated or become subject to a claim of abandonment by that state;
     (b) the property was paid or delivered to the custody of this state because the laws of the other state did not provide for the escheat or custodial taking of the property, and under the laws of that state subsequently enacted, the property has escheated or become subject to a claim of abandonment by that state;
     (c) the records of the holder were erroneous in that they did not accurately identify the owner of the property and the last-known location of the owner within the borders of another state, and under the laws of that state, the property has escheated or become subject to a claim of abandonment by that state;
     (d) the property was subjected to custody by this state under 70-9-805(6), and under the laws of the state of domicile of the holder, the property has escheated or become subject to a claim of abandonment by that state; or
     (e) the property is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered into the custody of this state under 70-9-805(7), and under the laws of the other state, the property has escheated or become subject to a claim of abandonment by that state.
     (2) A claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the administrator, who shall decide the claim within 90 days after it is presented. The administrator shall allow the claim upon determining that the other state is entitled to the abandoned property under subsection (1).
     (3) The administrator shall require another state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim to the property.

     History: En. Sec. 14, Ch. 124, L. 1997.