OAR 141-040-0212
Proof of Ownership
(1)
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 claim.(2) Name similarity alone is not sufficient to prove entitlement to unclaimed property.
(3) Documents submitted to establish ownership may include, but are not limited to:
(a) Copies of any documents showing addresses, including but not limited to utility bills, tax records, or original correspondence addressed to the owner at the address shown on the Department’s records;
(b) Passbooks, statements of accounts, canceled checks, deposit slips;
(c) Copy of, or original stock certificate in the owner’s name, copy of prior dividend payment or statement, stock transmittal receipt, brokerage firm statement;
(d) Original insurance policies, premium or dividend statements;
(e) Original deposit slips or receipts;
(f) Original certified or photo copies of court documents;
(g) Newspaper articles including marriage announcements, birth or obituary notices;
(h) Family or church records, baptismal certificates, or personal correspondence;
(i) Public or business records;
(j) Signature verification cards from financial institutions;
(k) Testimonial evidence, including properly notarized affidavits; or
(l) Any other forms of evidence the Department may consider sufficient to satisfy a reasonable and prudent person under the circumstances of the particular claim.
(4) When a claimant submits a claim on behalf of the original owner of unclaimed property, the claimant shall provide:
(a) Evidence to establish the claimant’s legal authority to make a claim for the original owner; and
(b) Evidence to establish the original owner’s right to the unclaimed property.
(5) When a claimant submits a claim on behalf of a successor to the original owner of the property, the claimant shall provide:
(a) Evidence to establish the claimant’s legal authority to make a claim for the successor to the original owner; and
(b) Evidence to establish the original owner’s right to the unclaimed property; and
(c) Evidence to establish the successor’s right to the unclaimed property as a successor to the original owner. The evidence that may be used to establish the successor’s right to the unclaimed property as a successor to the original owner consists of but is not limited to, certified copies of probate documents, small estate affidavit, Final Decree of Distribution, a will, death certificates, Letters Testamentary, or Guardianship or Conservatorship, or other appropriate documentation.
(6) When a claimant submits a claim on behalf of a business or governmental entity, the claimant’s authority to make a claim on behalf of the entity must be established to the satisfaction of the Department in accordance with the requirements of OAR 141-040-0213 (Claims Submitted on Behalf of Business Entity or Governmental Entity; Proof of Authority).
(7) As an alternative to the information required under this section, an authorized employee filing on behalf of a business or governmental entity may submit a completed business affidavit on the form supplied by the Department that indemnifies the Department and assures repayment in the event a superior claim is submitted. The Department at its sole discretion, may reject a business affidavit for all or a portion of the claimed properties and require the evidence under this section.
(8) If the claim is for a negotiable instrument, (cashier’s check, money order, certified check, traveler’s check) the payee shall be considered to be the owner unless the purchaser possesses the instrument or provides evidence of payment satisfying the obligation to the payee.
(9) If the claim is for securities, claimants are entitled to receive either the securities that the holder delivered to the Department if they still remain with the Department, or the proceeds received from the sale, less any amounts deducted pursuant to ORS 98.386 (Deposit of funds).
(10) If the claim is for securities or negotiable instruments, the claimant shall surrender to the Department with the claim the certificate or the original instrument, if the claimant possesses it. If the claimant does not surrender the original certificate, the Department may require the claimant to provide a lost instrument bond.
(11) If the claim is for Military Medals, the claimant shall provide proof of ownership. Proof may include, but is not limited to:
(a) military discharge documents; or
(b) award certificate of the Military Medal; or
(c) proof of purchase.
(12) If a claim is made on behalf of a creditor of an owner of unclaimed property, the creditor shall provide a certified copy of the writ of garnishment.
(13) In the case of competing claims, the conflict must be resolved by the claimants prior to a claim being deemed complete.
Source:
Rule 141-040-0212 — Proof of Ownership, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-040-0212.