Legislation
SECTION 1215
Escheat
Abandoned Property (ABP) CHAPTER 1, ARTICLE 12-A
§ 1215. Escheat. If the rightful owner of any property in the
possession, custody or control of the United States either (a) shall
have been or shall be unknown for seven consecutive years; or (b) shall
have died or shall die without having disposed thereof and without
having left or without leaving a will disposing thereof, and without
leaving heirs, next-of-kin, or distributees; or (c) shall have abandoned
or shall abandon such property, and either:
(i) the last known address of such rightful owner, as it appears from
the records of the United States is in this state, or
(ii) there is no last known address for such rightful owner and the
agency or instrumentality possessing, holding, controlling or owing such
property is a corporation domiciled in this state; or
(iii) there is no last known address for such rightful owner, the
agency or instrumentality possessing, holding, controlling or owing such
property is not a corporation or is a corporation domiciled in a state
other than New York which has no escheat or custodial statute relating
to unclaimed or abandoned property and either
1. the records showing the name of and amount due the rightful owner
are in this state; or
2. such property was paid to, deposited with or otherwise acquired by
the United States in this state or as the result of transactions
occurring in this state; or
3. such property is owed or came into being as the result of returns
filed or other transactions occurring in this state; or
4. the court, in its discretion, finds that such property has or had
sufficient other contacts with this state;
then such property, together with all interest or other increments
accrued thereon, shall escheat to the state of New York.
possession, custody or control of the United States either (a) shall
have been or shall be unknown for seven consecutive years; or (b) shall
have died or shall die without having disposed thereof and without
having left or without leaving a will disposing thereof, and without
leaving heirs, next-of-kin, or distributees; or (c) shall have abandoned
or shall abandon such property, and either:
(i) the last known address of such rightful owner, as it appears from
the records of the United States is in this state, or
(ii) there is no last known address for such rightful owner and the
agency or instrumentality possessing, holding, controlling or owing such
property is a corporation domiciled in this state; or
(iii) there is no last known address for such rightful owner, the
agency or instrumentality possessing, holding, controlling or owing such
property is not a corporation or is a corporation domiciled in a state
other than New York which has no escheat or custodial statute relating
to unclaimed or abandoned property and either
1. the records showing the name of and amount due the rightful owner
are in this state; or
2. such property was paid to, deposited with or otherwise acquired by
the United States in this state or as the result of transactions
occurring in this state; or
3. such property is owed or came into being as the result of returns
filed or other transactions occurring in this state; or
4. the court, in its discretion, finds that such property has or had
sufficient other contacts with this state;
then such property, together with all interest or other increments
accrued thereon, shall escheat to the state of New York.