March 29, 2024

Wealth Matters: For a Fee, Seeking Owners of Unclaimed Money

His father had kept meticulous records, Mr. Sinclair said, and little had changed since his death several years earlier. Mr. Sinclair and his two siblings were also skeptical of the fee the company, Legal Claimant Services, a division of Keane, was seeking: 36 percent of the account’s value.

But this spring, Mr. Sinclair said, Keane told them the unclaimed money was $148,400 in stock. He and other family members decided they needed to account for everything so they could finally close their mother’s estate. At $1.5 million, it was small by federal standards but large enough to owe Ohio estate taxes. So on May 24, Mr. Sinclair, as the executor, signed a contract with Keane to get details on the unknown account for a 25 percent fee.

“Within a matter of days, I got a letter from them detailing what they had found, right down to the numbers on the stock certificates,” he said. “My stomach fell out of my body. I e-mailed them back and said, ‘This is stock we’ve always been aware of, and you didn’t find it.’ ”

The stock, for First Bancorporation of Ohio, which is now part of FirstMerit Bank, was in his mother’s safe deposit box, where it had been for years, he said. Nonetheless, Keane still expected its $37,100 fee.

Stephen Lochner, a representative for Keane, wrote in e-mails shown to The New York Times that the company had based its claim on the fact that $11,400 in dividend checks on the stock had never been cashed. “Please realize that knowledge of the asset or possession of shares doesn’t take away the fact the account is dormant, needs attention and subject to abandoned property laws of the state,” Mr. Lochner wrote.

“If you wish to retain the account, I can provide an updated set of documents for you to complete,” he added. “The revised documents will give you the option to retain most of this account and we can update the address and registration.”

When Mr. Sinclair balked at a fee being charged on the whole account — and not the dividend check, which he admits he did not know about — Mr. Lochner suggested Keane’s general counsel talk to Mr. Sinclair’s lawyer. The company contends the contract is clear about the basis for the fee. The two sides have been locked in a legal dispute, which only this week seemed headed toward a resolution.

It may strain credulity that a company could charge a fee for saying it found something in a person’s safe deposit box. But the amount of unclaimed property in the United States is rising and so, too, is the pressure on companies to find owners of dormant accounts. This has given rise to locator companies that look for account owners and often charge them a fee for informing them about an account.

The National Association of Unclaimed Property Administrators, the membership organization of state unclaimed property offices, estimated that $41.7 billion is sitting in state coffers, where it goes if it has been unclaimed after a period of years. But the amount of unclaimed property that has not reached that point is certainly higher. (In 2011, only $2.25 billion in 2.5 million claims went back to people.)

Common types of unclaimed money include paychecks, utility deposits and life insurance policies as well as bank, 401(k) and brokerage accounts.

Kristina Koutrakos, a managing director at Manchester Capital, which manages money for people with $10 million to $400 million in assets, said that when new clients came to the firm, 30 percent of the time, they had forgotten about some asset. A separate 30 percent of the time — albeit with some overlap — her company finds property that clients never knew they had.

“We’ve found all kinds of stuff, from a $15 stock certificate to 25 acres of land in North Carolina,” she said. “People lose 401(k)’s if they’ve moved around a lot. They forget about stock options or old country club investments.”

Manchester does not charge its clients an additional fee for the search, only a fee to manage money.

Article source: http://www.nytimes.com/2013/06/22/your-money/seeking-owners-of-unclaimed-money-for-a-fee.html?partner=rss&emc=rss