Petitions to Recover Escheated U.S. Savings Bonds
(1)Pursuant to ORS 98, a claimant or agent may initiate a claim to recover escheated U.S. Savings Bonds by filing a petition with the Department.
(2) A petition shall be considered filed upon its receipt by the Department.
(3) The petition shall provide all information required under subsections (4) of this rule. The petition shall be verified and state the following:
(a) The name, age, and place of residence of the claimant by whom or on whose behalf the petition is filed.
(b) That the claimant is lawfully entitled to the U.S. Savings Bonds or the amount of the payment received by the state for the U. S. Savings Bonds.
(c) That at the time the bonds escheated to the state, the claimant had no knowledge of the escheat proceedings or was unable to prove entitlement to the U.S. Savings Bonds and has subsequently acquired new evidence of that entitlement.
(d) If the bond owner is deceased, that the claimant claims the U.S. Savings Bonds or the payments received for the U.S Savings Bonds as an heir or devisee, or as the personal representative of estate of an heir or devisee.
(e) If the petition is filed on behalf of the claimant, the identity and authority of the claimant’s agent.
(4) The petition to recover bond payments shall be supported by the following documents:
(a) Current photo identification of the claimant, or other satisfactory proof of identity.
(b) An acknowledged indemnification agreement signed by the claimant(s) and acceptable to the Department.
(c) If the petition is being filed by an agent for a claimant, a Power of Attorney or written, acknowledged authorization given by each claimant to the agent to act on behalf of the claimant. The original Power of Attorney or authorization shall be filed with the petition. A finder who is acting as an agent for a claimant shall be licensed and comply with the requirements of ORS 703.401 (Definitions) to 703.470 (Opportunity for hearing). The finder shall forward a copy of the finder’s current license issued by the Department of Public Safety Standards and Training with the initial Power of Attorney. Subsequent claims filed by a finder shall include the current license number on the Power of Attorney.
(d) If the bond owner is deceased and died intestate with no known heirs, certified copies of birth, death, and/or marriage certificates, that show the family relationships of the heirs to the decedent.
(5) The burden is on the claimant to provide sufficient proof to establish the elements of the claim, and it is the claimant’s responsibility to contact persons and to search out documents relating to the application.
Rule 141-030-0028 — Petitions to Recover Escheated U.S. Savings Bonds,