Guam § 34156 - Escheatment of Undistributed Funds if Custodial Parents or Non-Custodial Parents Cannot

§ 34156. Escheatment of Undistributed Funds if Custodial Parents or Non-Custodial Parents Cannot

be Located.

(a) The Attorney General shall commence an escheatment proceeding on behalf of the government of

Guam in a court having jurisdiction to have it adjudged that the government of Guam is so entitled to the

escheatment of undistributed funds. Such action shall be commenced by filing a petition with a description

and the facts and circumstances by virtue of which it is claimed the property should be escheated.

(b) Upon the filing of such petition, the court must make an order requiring the custodial and non-

custodial parent associated with said funds and all persons interested in the undistributed funds to appear

and show cause, if any, within sixty (60) days from the date of this order, why such undistributed funds

shall not vest in the government of Guam. Such order shall be published in a daily newspaper of wide

circulation once each week and on the AG’s website and the government of Guam Central Website for

three (3) consecutive weeks during this sixty (60)-day period. In addition, such order must be posted for

four (4) consecutive weeks on the public bulletin boards in Hagåtña. Upon the completion of the publication

of such order, the court shall have full and complete jurisdiction over the undistributed funds and any

persons claiming an interest in said undistributed funds, and shall have full and complete jurisdiction to

hear and determine the issues therein and render the appropriate judgment thereon.

(c) If proceedings for the administration of the estate of a deceased custodial parent or non-custodial

parent have been filed in the Superior Court of Guam or other court of competent jurisdiction, a copy of the

order to show cause must be filed with the papers to such estate. If proceedings for the administration of a

deceased custodial parent or non-custodial parent have been filed in the Superior Court of Guam or other

court of competent jurisdiction and the administrator or personal representative fails to appear or otherwise

make a claim to such undistributed funds, or any portion thereof, or if the court shall find that the estate is

not entitled to the undistributed funds, the court in the escheat proceeding shall distribute all moneys

remaining to the government of Guam. Any person who does not appear and make a claim as herein

required shall be forever barred.