New York § 1216 Presumptions

New York Statutes

§ 1216 — Presumptions

New York § 1216

Law ABPAbandoned Property

Art. 12-AUnclaimed or Abandoned Property In the Possession, Custody or Control of the United States of America

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Bluebook

N.Y. Abandoned Property § 1216 (2026).

Text

  § 1216. Presumptions.  If it shall appear from the records of the\nUnited States that the rightful owner of property described in section\ntwelve hundred fifteen of this article has not made claim thereto for a\nperiod of seven consecutive years, it shall be presumed for purposes of\nescheat proceedings under this article that such rightful owner is, and\nduring such period has been, unknown or has died without having disposed\nthereof and without having left a will, and without having left any\nheirs, next-of-kin or distributees or that such property has been\nabandoned and that such property has escheated. In any case wherein the\nrightful owner of such property is a corporation it shall also be\npresumed for purposes of escheat proceedings under this article that the\ncorporation is d

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§ 1216. Presumptions. If it shall appear from the records of the\nUnited States that the rightful owner of property described in section\ntwelve hundred fifteen of this article has not made claim thereto for a\nperiod of seven consecutive years, it shall be presumed for purposes of\nescheat proceedings under this article that such rightful owner is, and\nduring such period has been, unknown or has died without having disposed\nthereof and without having left a will, and without having left any\nheirs, next-of-kin or distributees or that such property has been\nabandoned and that such property has escheated. In any case wherein the\nrightful owner of such property is a corporation it shall also be\npresumed for purposes of escheat proceedings under this article that the\ncorporation is dissolved, no longer in existence, and its charter\nforfeited and the presumptions set forth in the first sentence of this\nsection shall be made with respect to the rightful owners or claimants\nto the assets of such corporation, including its stockholders and\ncreditors. The presumptions provided for in this section may be rebutted\nby competent evidence to the contrary.\n