(a) After property has been paid or delivered to the administrator under this article, another state may recover the property if:
(1) 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;
(2) 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;
(3) 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;
(4) The property was subjected to custody by this state under subdivision (6), section four of this article 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
(5) 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 subdivision (7), section four of this article, and under the laws of the other state the property has escheated or become subject to a claim of abandonment by that state.
(b) 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 ninety 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 (a) of this section.
(c) 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.
Structure West Virginia Code
Chapter 36. Estates and Property
Article 8. Uniform Unclaimed Property Act
§36-8-2. Presumptions of Abandonment
§36-8-2a. Escheat of United States Savings Bonds
§36-8-3. Contents of Safe Deposit Box or Other Safekeeping Depository
§36-8-4. Rules for Taking Custody
§36-8-6. Burden of Proof as to Property Evidenced by Record of Check or Draft
§36-8-7. Report of Abandoned Property
§36-8-8. Payment or Delivery of Abandoned Property
§36-8-9. Notice and Publication of Lists of Abandoned Property
§36-8-10. Custody by State; Recovery by Holder; Defense of Holder
§36-8-11. Crediting of Dividends, Interest and Increments to Owner's Account
§36-8-12. Public Sale of Abandoned Property
§36-8-14. Claim of Another State to Recover Property
§36-8-15. Filing Claim With Administrator; Handling of Claims by Administrator
§36-8-16. Action to Establish Claim
§36-8-17. Election to Take Payment or Delivery
§36-8-18. Destruction or Disposition of Property Having No
§36-8-19. Periods of Limitation
§36-8-20. Requests for Reports and Examination of Records
§36-8-21. Retention of Records
§36-8-23. Interstate Agreements and Cooperation; Joint and Reciprocal Actions With Other States
§36-8-24. Interest and Penalties
§36-8-25. Records of Abandoned Property
§36-8-26. Foreign Transactions
§36-8-27. Transitional Provisions