58-3958. Claim of another state to recover property; procedure. (a) At any time after property has been paid or delivered to the administrator under this act another state may recover the property if:
(1) The property was subjected to custody by this state because the records of the holder did not reflect the last known address of the apparent owner when the property was presumed abandoned under this act, and the other state establishes that the last known address of the apparent owner or other person entitled to the property was in that state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state;
(2) the last known address of the apparent owner or other person entitled to the property, as reflected by the records of the holder, is in the other state and under the laws of that state the property has escheated to or become subject to a claim of abandonment by that state;
(3) the records of the holder were erroneous in that they did not accurately reflect the actual owner of the property and the last known address of the actual owner is in the other state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state;
(4) the property was subjected to custody by this state under subsection (f) of K.S.A. 58-3936 and amendments thereto and under the laws of the state of domicile of the holder the property has escheated to or become subject to a claim of abandonment by that state; or
(5) the property is the sum payable on a travelers check, money order or other similar instrument that was subjected to custody by this state under K.S.A. 58-3937 and amendments thereto, and the instrument was purchased in the other state, and under the laws of that state the property escheated to or became subject to a claim of abandonment by that state.
(b) The claim of another state to recover escheated or abandoned property shall 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 if the other state is determined to be entitled to the abandoned property under subsection (a).
(c) The administrator shall require a state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim for the property.
History: L. 1994, ch. 8, ยง 25; March 3.
Structure Kansas Statutes
Chapter 58 - Personal And Real Property
Article 39 - Disposition Of Unclaimed Property Act
58-3935 Property presumed abandoned; when; general rule.
58-3936 General rules for taking custody of intangible unclaimed property.
58-3938 Burden of proof as to property evidenced by record of check or draft.
58-3943 Stock and other intangible interests in business associations.
58-3949 Contents of safe deposit box or other safekeeping repository.
58-3950 Report of abandoned property.
58-3951 Advertising of unclaimed property; information required.
58-3952 Payment or delivery of abandoned property.
58-3954 Crediting of dividends, interest, or increments to owner's account.
58-3955 Public sale of abandoned property; exceptions.
58-3957 Filing of claim with administrator.
58-3958 Claim of another state to recover property; procedure.
58-3959 Action to establish claim.
58-3960 Election to take property or delivery.
58-3962 Periods of limitation.
58-3963 Requests for reports and examination of records.
58-3966 Interstate agreements and cooperation; joint and reciprocal actions with other states.
58-3967 Interest and penalties.
58-3968 Agreement to locate reported property.
58-3970 Effect of new provisions; clarification of application.
58-3971 Rules and regulations.
58-3973 Uniformity of application and construction.
58-3974 Act not applicable in certain instances.
58-3975 Application to certain intangible property originating or issued in Kansas.
58-3976 Government agency cooperation.
58-3979 United States savings bonds; unclaimed property; escheat; procedure.