177.0210 Indication of apparent owner interest in property.
(1) Property is presumed abandoned from the earliest of the following:
(a) The date on which the property is otherwise presumed abandoned under this subchapter.
(b) The date on which the dormancy period has elapsed following the last indication of interest by the apparent owner in the property.
(2) Under this chapter, an indication of an apparent owner's interest in property includes the following:
(a) A record communicated by the apparent owner to the holder or the holder's agent concerning the property or the account in which the property is held.
(b) An oral communication by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held, if the holder or the holder's agent contemporaneously makes and preserves a record of the fact of the apparent owner's communication.
(c) Presentment of a check or other instrument of payment of a dividend, interest, or other distribution, or evidence of receipt of a distribution made by electronic or similar means, with respect to an account, underlying security, or interest in a business association.
(d) Activity directed by an apparent owner in the account in which the property is held, including accessing the account or information concerning the account, or a direction by the apparent owner to increase, decrease, or otherwise change the amount or type of property held in the account.
(e) Any of the following activities concerning property or an account held at a financial organization:
1. A deposit into or withdrawal from an account previously authorized by the apparent owner, other than an automatic reinvestment of dividends or interest.
2. A deposit into or withdrawal from any other account the apparent owner has with the financial organization if the mailing address for the apparent owner in the financial organization's books and records is the same for both the inactive account and the active account.
3. A payment by the apparent owner on any amount due on a loan with the financial organization if the mailing address for the apparent owner in the financial organization's books and records is the same for both the inactive account and the loan account.
4. Communication in writing from the apparent owner to the financial organization about an account or another relationship with the financial organization.
5. Any correspondence in writing from the financial organization to the apparent owner, such as the mailing of a statement, report of interest paid or credited, or other written advice relating to a deposit, if the correspondence is not returned to the financial organization for nondelivery and if the financial organization maintains a record of all such returned correspondence.
(f) Subject to sub. (5), payment of a premium on an insurance policy.
(g) Any other action by the apparent owner that reasonably demonstrates to the holder that the apparent owner knows that the property exists.
(3) An action by an agent or other representative of an apparent owner, other than the holder acting as the apparent owner's agent, is presumed to be an action on behalf of the apparent owner.
(4) A communication with an apparent owner by a person other than the holder or the holder's representative is not an indication of interest in the property by the apparent owner unless a record of the communication evidences the apparent owner's knowledge of a right to the property.
(5) If an insured person dies or the insured or beneficiary of an insurance policy otherwise becomes entitled to the proceeds before depletion of the cash surrender value of the policy by operation of an automatic-premium-loan provision or other nonforfeiture provision contained in the policy, the operation does not prevent the policy from maturing or terminating for purposes of this chapter.
History: 2021 a. 87.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 177 - Uniform unclaimed property act.
177.015 - Inapplicability to foreign transactions and other exemptions.
177.0201 - When property presumed abandoned.
177.0202 - When tax-deferred retirement account presumed abandoned.
177.0203 - When other tax-deferred account presumed abandoned.
177.0204 - When custodial account for a minor presumed abandoned.
177.0205 - When contents of safe deposit box presumed abandoned.
177.0206 - When U.S. savings bonds presumed abandoned.
177.0207 - When security presumed abandoned.
177.0208 - When related property presumed abandoned.
177.0209 - Proceeds from sale of property in self-service storage facility.
177.0210 - Indication of apparent owner interest in property.
177.0211 - Knowledge of death of insured or annuitant.
177.0212 - Deposit account for proceeds of insurance policy or annuity contract.
177.0213 - Property held by agents and fiduciaries.
177.0214 - Distributions by certain insurance company activities.
177.0215 - Refunds held by business associations.
177.0301 - Address of apparent owner to establish priority.
177.0302 - Address of apparent owner in this state.
177.0303 - If records show multiple addresses of apparent owner.
177.0304 - Holder domiciled in this state.
177.0305 - Custody if transaction took place in this state.
177.0306 - Traveler's check, money order, or similar instrument.
177.0308 - Hazardous or dangerous items found in safe deposit box.
177.0401 - Report required by holder.
177.0403 - When report to be filed.
177.0404 - Retention of records by holder.
177.0405 - Property reportable and payable or deliverable absent owner demand.
177.0406 - Negative reporting.
177.0501 - Notice to apparent owner by holder.
177.0502 - Contents of notice by holder.
177.0503 - Notice by administrator.
177.0504 - Cooperation among state officers and agencies to locate apparent owners.
177.0505 - Tax return identification of apparent owners.
177.0601 - Definition of good faith.
177.0603 - Payment or delivery of property to administrator.
177.0604 - Effect of payment or delivery of property to administrator.
177.0605 - Recovery of property by holder from administrator.
177.0606 - Property removed from safe deposit box.
177.0607 - Income, interest, or gain while in the administrator's custody.
177.0608 - Administrator's options as to custody.
177.0609 - Disposition of property having no substantial value; immunity from liability.
177.0610 - Periods of limitation and repose.
177.0701 - Public sale of property.
177.0702 - Disposal of securities.
177.0703 - Purchaser owns property after sale.
177.0704 - Military medal or decoration.
177.0801 - Deposit of funds by administrator.
177.0802 - Administrator to retain records of property.
177.0901 - Claim of another state to recover property.
177.0902 - When property subject to recovery by another state.
177.0903 - Claim for property by person claiming to be owner.
177.0904 - When administrator must honor claim for property.
177.0905 - Allowance of claim for property.
177.0906 - Action by person whose claim is denied.
177.0907 - Claim to recover abandoned U.S. savings bond.
177.1001 - Verified report of property.
177.1002 - Requests for reports and examination of records.
177.1003 - Records obtained in examination.
177.1004 - Failure of person to maintain records.
177.1005 - Administrator's contract with another to conduct examination.
177.1101 - Default assessment.
177.1102 - Notice of assessment.
177.1103 - Appeal of assessment.
177.1202 - Interstate and international agreement; cooperation.
177.1203 - Action involving another state or foreign country.
177.1205 - Waiver of penalties.
177.1206 - Recovery of property paid to incorrect claimant.
177.1301 - When agreement to locate property enforceable.
177.1302 - When agreement to locate property void.
177.1401 - Definitions; applicability.
177.1402 - Confidential information.
177.1403 - When confidential information may be disclosed.
177.1501 - Uniformity of application and construction.
177.1502 - Effect of new provisions; clarification of application.
177.1503 - Escheat of property to municipalities.