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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

 Chapter 470

previous next Effective - 28 Aug 2002bottom

  470.270.  Money or effects involved in litigation — disposition — unclaimed property, state may bring action to recover, when, exceptions. — After the owner, his or her assignee, personal representative, grantee, heirs, devisees or other successors, entitled to any moneys, refund of rates or premiums or effects by reason of any litigation concerning rates, refunds, refund of premiums, fares or charges collected by any person or corporation in the state of Missouri for any service rendered or to be rendered in said state, or for any contract of insurance on property in this state, or under any contract of insurance performed or to be performed in said state, which moneys, refund of rates or premiums or effects have been paid into or deposited in connection with any cause in any court of the state of Missouri or in connection with any cause in any United States court, or so paid into the custody of any depositary, clerk, custodian, or other officer of such court, whether the same be afterwards transferred and deposited in the United States treasury or not, shall be and remain unknown, or the whereabouts of such person or persons shall be and has been unknown, for the period heretofore, or hereafter, of five successive years, or such moneys, refund of rates or premiums or effects remain unclaimed for the period heretofore, or hereafter, of five successive years, from the time such moneys or property are ordered repaid or distributed by such courts, such moneys or property shall be escheatable to the state of Missouri, and may be escheated to the state of Missouri in the manner herein provided, with all interest and earnings actually accrued thereon to the date of the judgment and decree for the escheat of the same; except that all refunds of rates generated by the refund of natural gas or electric rates shall be transferred to the utilicare stabilization fund created pursuant to section 660.136, with the exception of lawsuits in which the state of Missouri is a party, if the moneys that result from a refund of rates remains unclaimed after five years from the date when such rates are ordered repaid, with all interest from such refunded rates that is earned from the date such rates are ordered repaid to escheat to the state as otherwise provided in sections 470.270 to 470.350*.  The provisions of this section notwithstanding, this state may elect to take custody of such unclaimed property by instituting a proceeding pursuant to section 447.575.

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(L. 1945 p. 915 § 1, A.L. 1947 V. I p. 297, A.L. 1990 H.B. 1052, A.L. 2002 S.B. 810 and A.L. 2002 S.B. 1248, A.L. 2011 H.B. 315)

*Sections 470.280 to 470.350 were repealed by S.B. 1248, 2002.

CROSS REFERENCE:

Disposition of excess charges by utilities on stay order of public service commission, 386.520

(1957) Service of process by publication in class proceedings to escheat unclaimed excess insurance premiums in registry of court met statutory requirements and did not violate due process by not specifically advising defendants to file answer.  State v. Goodbar (Mo.), 297 S.W.2d 525.


---- end of effective   28 Aug 2002 ----

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