
Robert A. Marsico
Partner
201-896-7165 rmarsico@sh-law.comFirm Insights
Author: Robert A. Marsico
Date: August 11, 2014

Partner
201-896-7165 rmarsico@sh-law.comIf you don’t regularly monitor your finances, you could lose out. Allowing accounts to lay fallow for too long may result in your assets escheating to the state.
The term “escheat” refers to the title transfer of financial assets (such as savings account deposits, uncashed checks, and securities in retirement accounts) to a state authority because the rightful owner failed to make claim, engage in a transaction or provide instruction for a specific time period. In New Jersey, the escheatment period is generally three years. Many types of inaction can result in funds being considered “abandoned,” such as failing to cash a check, update your address, or complete a transaction within a specified period of time.
Once your financial institution deems the account abandoned, it must make a diligent effort to contact you. However, if you do not respond, perhaps because your address has changed or you mistake the correspondence for junk mail, the firm will begin the process of transferring your property to the state.
Each state has its own escheat laws regarding abandoned property, but the process is revocable in most cases. To get your money back, most states will require you to complete a claim form and provide proof of identity. If your assets were liquidated, you will likely only receive the proceeds of the sale, which may not reflect the current market value.
While the intent of escheatment is to ensure that financial assets are marshaled for safekeeping, the process often creates a windfall for cash-strapped states. As a result, a number of states have modified their escheatment laws to shorten the timeframe required for an account to be considered abandoned and impose strict monitoring and reporting obligations on financial institutions.
To avoid letting your account escheat to the state account holders must be proactive — make sure to update your address, cash all checks from financial institutions, and carefully monitor your mail. If a loved one becomes incapacitated or passes away, it is important to take inventory of all their accounts and determine what steps are needed to transfer or liquidate the assets.
If you have any questions about this post or would like to discuss the legal issues involved, please contact me, Bob Marisco, or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
Author: George McGowan

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]
Author: George McGowan
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!