TITLE 14

ESTATES OF DECEDENTS

CHAPTER 5

REVISED UNCLAIMED PROPERTY ACT

PART 12

ENFORCEMENT BY ADMINISTRATOR

14-5-1203.  ACTION INVOLVING ANOTHER STATE OR FOREIGN COUNTRY. (1) The administrator may join another state or foreign country to examine and seek enforcement of this chapter against a putative holder.

(2)  Upon request of another state or foreign country, the attorney general may commence an action on behalf of the other state or country to enforce in this state the law of the other state or country against a putative holder subject to a claim by the other state or country.

(3)  The administrator may request the official authorized to enforce the unclaimed property law of another state or foreign country to commence an action to recover property in the other state or country on behalf of the administrator. This state may pay the costs, including reasonable attorney’s fees and expenses, incurred by the other state or foreign country in an action under this subsection.

(4)  The administrator may pursue an action on behalf of this state to recover property subject to this chapter but delivered to the custody of another state if the administrator believes the property is subject to the custody of the administrator.

(5)  At the request of the administrator, the attorney general may commence an action to recover property on behalf of the administrator in this state, another state, or a foreign country. With the written consent of the attorney general, the administrator may retain an attorney in this state, another state, or a foreign country to recover property on behalf of the administrator in this state, another state, or a foreign country and may agree to pay attorney’s fees based in whole or in part on a fixed fee, hourly fee, or a percentage of the amount or value of property recovered in the action.

(6)  Expenses incurred by this state in an action under this section may be paid from property received under this chapter or the net proceeds of the property. Expenses paid to recover property may not be deducted from the amount that is subject to a claim under this chapter by the owner.

History:

[14-5-1203, added 2024, ch. 27, sec. 2, p. 212.]