72-14-201. Discovery to determine existence of escheatable property. In order to ascertain if any person has knowledge of or is in possession of any escheatable property, it is lawful for the attorney general or the attorney general’s assistant to obtain discovery on motion in the district court requiring any person or persons to divulge any information they may have concerning the possession or location of any property subject to escheat or any other information pertinent to the recovery of property by the state of Montana or information that may lead to the discovery of the escheatable property.

Terms Used In Montana Code 72-14-201

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Property: means real and personal property. See Montana Code 1-1-205
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201