2012 Florida Statutes
TITLE XL — REAL AND PERSONAL PROPERTY
Chapter 717 — DISPOSITION OF UNCLAIMED PROPERTY
717.12403 — Unclaimed demand, savings, or checking account in a financial institution held in the name of more than one person.
717.12403 Unclaimed demand, savings, or checking account in a financial institution held in the name of more than one person.—
(1)(a) If an unclaimed demand, savings, or checking account in a financial institution is reported as an and account in the name of two or more persons who are not beneficiaries, it is presumed that each person must claim the account in order for the claim to be approved by the department. This presumption may be rebutted by showing that entitlement to the account has been transferred to another person or by clear and convincing evidence demonstrating that the account should have been reported by the financial institution as an or account.
(b) If an unclaimed demand, savings, or checking account in a financial institution is reported as an and account and one of the persons on the account is deceased, it is presumed that the account is a survivorship account. This presumption may be rebutted by showing that entitlement to the account has been transferred to another person or by clear and convincing evidence demonstrating that the account is not a survivorship account.
(2) If an unclaimed demand, savings, or checking account in a financial institution is reported as an or account in the name of two or more persons who are not beneficiaries, it is presumed that either person listed on the account may claim the entire amount held in the account. This presumption may be rebutted by showing that entitlement to the account has been transferred to another person or by clear and convincing evidence demonstrating that the account should have been reported by the financial institution as an and account.
(3) If an unclaimed demand, savings, or checking account in a financial institution is reported in the name of two or more persons who are not beneficiaries without identifying whether the account is an and account or an or account, it is presumed that the account is an or account. This presumption may be rebutted by showing that entitlement to the account has been transferred to another person or by clear and convincing evidence demonstrating that the account should have been reported by the financial institution as an and account.
(4) The department shall be deemed to have made a distribution in good faith if the department remits funds consistent with this section.
History.—s. 122, ch. 2004-390.
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