Nevada Revised Statutes 120A.530 – Rules for taking custody
Terms Used In Nevada Revised Statutes 120A.530
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Contract: A legal written agreement that becomes binding when signed.
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Statute: A law passed by a legislature.
1. Except as otherwise provided in this chapter or by other statute of this State, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this State if:
(a) The last known address of the apparent owner, as shown on the records of the holder, is in this State;
(b) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this State;
(c) The records of the holder do not reflect the last known address of the apparent owner and it is established that:
(1) The last known address of the person entitled to the property is in this State; or
(2) The holder is domiciled in this State or is a government or governmental subdivision, agency or instrumentality of this State and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;
(d) The last known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this State or is a government or governmental subdivision, agency or instrumentality of this State;
(e) The last known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is domiciled in this State or is a government or governmental subdivision, agency or instrumentality of this State;
(f) The transaction out of which the property arose occurred in this State, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property and the last known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property; or
(g) The property is a traveler’s check or money order purchased in this State or the issuer of the traveler’s check or money order has its principal place of business in this State and the issuer’s records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property or do not show the state in which the instrument was purchased.
2. For the purposes of this section:
(a) If a holder’s state of domicile has changed since the time the property was presumed abandoned, the holder’s state of domicile is deemed to be the state where the holder was domiciled at the time the property was presumed abandoned.
(b) The last known address of the apparent owner of a life or endowment insurance policy or annuity contract or its proceeds is presumed to be the address of the insured or annuitant if a person other than the insured or annuitant is entitled to the amount owed under the policy or contract and the address of the other person is not known by the insurance company and cannot be determined pursuant to this section.
(c) The address of the owner of property where ownership vests in a beneficiary upon the death of the owner, other than property described in paragraph (b), is presumed to be the address of the deceased owner if the address of the beneficiary is not known by the holder and cannot be determined pursuant to this section.
(d) Except as otherwise provided in paragraph (e), if the records of a holder reflect multiple addresses for an apparent owner and this State is the state of the most recently recorded address, this State may take custody of the property presumed abandoned, whether located in this State or another state.
(e) If it appears from the records of a holder that the most recently recorded address of the apparent owner is a temporary address and this State is the state of the next most recently recorded address that is not a temporary address, this State may take custody of the property presumed abandoned.