10 IAC 1.5-4-4 - Proof of ownership; general
Authority: IC 32-34-1-52
Affected: IC 32-34-1
Sec. 4.
(a)
Information required to prove ownership of unclaimed property shall consist of
a copy of the claimant's driver's license or other picture identification, a
document proving the claimant's Social Security number, and a copy of one (1)
or more of the following:
(1) Birth
certificate.
(2) Last will and
testament.
(3) Evidence of probate
distribution.
(4) Marriage
certificate.
(5) Divorce
decree.
(6) Documentation providing
a connection with the reported address or business for the year cited as the
date of last transaction in the holder's report.
(7) Letters testamentary.
(8) Notarized copy of contract if a
representative is claimant.
(9)
Guardianship or trust agreement.
(10) An affidavit executed by an individual
other than the claimant having knowledge of, and in support of, a claim when
requested information or documentation is not available.
(11) Any other documentation necessary to
support the claim, as requested by the attorney general, including, but not
limited to, the following:
(A) An income tax
return.
(B) Adoption
records.
(C) Court
records.
(D) Certificates of
deposits.
(E) Stale dated
checks.
(b) In
addition to items set out in subsection (a), the minimum requirements needed to
establish ownership for various types of property are as follows:
(1) For a checking account, a check, blank or
canceled, showing the account number for that bank or a statement on that
account that contains the account number.
(2) For a savings account, a copy of the
passbook showing the account number or correspondence referencing the account
number.
(3) For a safe deposit box,
a copy of the safe deposit box rental receipt or correspondence referencing
that rental.
(4) For wages, copies
of W-2 forms, tax records, or correspondence relating to that
employment.
(5) For stock and
dividends, copies of a stock certificate of the business entity reported,
correspondence relating to that stock certificate, or a statement from the
broker showing purchase or sale of that stock.
(6) For bearer bonds and certificates of
deposit, a copy of the record of purchase.
(7) For insurance, a copy of the policy or
correspondence relating to that policy by policy number.
(8) For mineral proceeds, one (1) or more of
the following as specified in the letter requesting documents:
(A) Mineral deed.
(B) Surface deed, which includes mineral
retained, sold, or purchased.
(C)
Probate inventory.
(D) Oil and gas
lease.
(E) Purchase documents for
an overriding royalty interest.
(F)
Certification of current pay status.
(9) For court clerk funds, a court order or
court decree ordering the attorney general to pay the funds to the
claimant.
(10) For vendor checks,
copies of accounts receivable billings, invoices, bills of lading, or
correspondence with the holder reporting and remitting the funds that show a
business relationship for each payment, or a statement that the funds are still
considered to be due and owing on the account.
(11) For a claim by heirs of listed owners,
if the claim is based on heirship, one (1) or more of the following documents
may be required:
(A) Final decree of
probate.
(B) Death
certificate.
(C) An affidavit of
proof of death and heirship executed by a person disinterested in the claim may
be acceptable when the decedent's estate was not probated.
(12) For a cashier's check, the cashier's
check must be claimed by the payee as the owner unless the purchaser submits
sufficient documentation to prove a superior claim.
(c) If the subject property is a check, the
claimant must, in addition to submitting a fully completed claim form:
(1) submit the original check; or
(2) submit verification in the form of an
affidavit from the issuing agent of the check that the claimant is the true
owner of the check and the issuing agent would pay the value of the check to
the claimant if the issuing agent had not remitted the funds to the attorney
general.
Notes
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