177.0210 Indication of apparent owner interest in property.

631 words·~3 min read·/wi/chapter-177/177-0210-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Property is presumed abandoned from the later 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.