reglab/housing_qa huggingface dataset:
WV Code § 36-7-12 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 7. Uniform Transfers to Minors Act|§36-7-12. Care of Custodial Property

(a) A custodian shall:(1) Take control of custodial property;(2) Register or record title to custodial property if appropriate; and(3) Collect, hold, manage, invest and reinvest custodial property.(b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.(c) A custodian may invest in or pay premiums on life insurance or endowment policies on (i) the life of the minor only if the minor or the minor's estate is the sole beneficiary, or (ii) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate or the custodian in the capacity of custodian, is the irrevocable beneficiary.(d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words:"As a custodian for ________________ (name of minor) under the West Virginia Uniform Transfers to Minors Act."(e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of fourteen years.
WV Code § 36-7-13 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 7. Uniform Transfers to Minors Act|§36-7-13. Powers of Custodian

(a) A custodian, acting in a custodial capacity, has all the rights, powers and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers and authority in that capacity only.(b) This section does not relieve a custodian from liability for breach of section twelve of this article.
WV Code § 36-7-14 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 7. Uniform Transfers to Minors Act|§36-7-14. Use of Custodial Property

(a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (i) the duty or ability of the custodian personally or of any other person to support the minor, or (ii) any other income or property of the minor which may be applicable or available for that purpose.(b) On petition of an interested person or the minor if the minor has attained the age of fourteen years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.(c) A delivery, payment or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
WV Code § 36-7-15 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 7. Uniform Transfers to Minors Act|§36-7-15. Custodian's Expenses, Compensation, and Bond

(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.(b) Except for one who is a transferor under section four of this article, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.(c) Except as provided in subsection (f), section eighteen of this article, a custodian need not give a bond.
WV Code § 36-7-16 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 7. Uniform Transfers to Minors Act|§36-7-16. Exemption of Third Person From Liability

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:(1) The validity of the purported custodian's designation;(2) The propriety of, or the authority under this article for, any act of the purported custodian;(3) The validity or propriety under this article of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or(4) The propriety of the application of any property of the minor delivered to the purported custodian.
WV Code § 36-7-17 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 7. Uniform Transfers to Minors Act|§36-7-17. Liability to Third Persons

(a) A claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property or (iii) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.(b) A custodian is not personally liable:(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
WV Code § 36-7-19 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 7. Uniform Transfers to Minors Act|§36-7-19. Accounting by and Determination of Liability of Custodian

(a) A minor who has attained the age of fourteen years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor or a transferor's legal representative may petition the court (i) for an accounting by the custodian or the custodian's legal representative; or (ii) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section seventeen to which the minor or the minor's legal representative was a party.(b) A successor custodian may petition the court for an accounting by the predecessor custodian.(c) The court, in a proceeding under this article or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.(d) If a custodian is removed under subsection (f), section eighteen of this article, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
WV Code § 36-7-20 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 7. Uniform Transfers to Minors Act|§36-7-20. Termination of Custodianship

The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:(1) The minor's attainment of twenty-one years of age with respect to custodial property transferred under section four or five of this article;(2) The minor's attainment of majority under the laws of this state other than this article with respect to custodial property transferred under sections six or seven of this article; or(3) The minor's death.
WV Code § 36-7-21 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 7. Uniform Transfers to Minors Act|§36-7-21. Applicability

This article applies to a transfer within the scope of section two made after its effective date if:(1) The transfer purports to have been made under the West Virginia Uniform Gifts to Minors Act; or(2) The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of this article is necessary to validate the transfer.
WV Code § 36-7-22 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 7. Uniform Transfers to Minors Act|§36-7-22. Effect on Existing Custodianships

(a) Any transfer of custodial property as now defined in this article made before the effective date of this article is validated notwithstanding that there was no specific authority in the West Virginia Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.(b) This article applies to all transfers made before the effective date of this article in a manner and form prescribed in the West Virginia Uniform Gifts to Minors Act, except insofar as the application impairs Constitutionally vested rights or extends the duration of custodianships in existence on the effective date of this article.(c) Sections one and twenty with respect to the age of a minor for whom custodial property is held under this article do not apply to custodial property held in a custodianship that terminated because of the minor's attainment of the age of eighteen after June 9, 1972 and before July 1, 1986.
WV Code § 36-7-23 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 7. Uniform Transfers to Minors Act|§36-7-23. Uniformity of Application and Construction

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
WV Code § 36-7-24 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 7. Uniform Transfers to Minors Act|§36-7-24. Short Title

This article may be cited as the "West Virginia Uniform Transfers to Minors Act."
WV Code § 36-8-3 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 8. Uniform Unclaimed Property Act|§36-8-3. Contents of Safe Deposit Box or Other Safekeeping Depository

Tangible personal property held in a safe deposit box or other safekeeping depository in this state in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law, are presumed abandoned if the property remains unclaimed by the owner for more than five years after expiration of the lease or rental period on the box or other depository.
WV Code § 36-8-4 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 8. Uniform Unclaimed Property Act|§36-8-4. Rules for Taking Custody

Except as otherwise provided in this article or by other statute of this state, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this state if:(1) The last known address of the apparent owner, as shown on the records of the holder, is in this state;(2) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state;(3) The records of the holder do not reflect the last known address of the apparent owner and it is established that:(i) The last known address of the person entitled to the property is in this state; or(ii) The holder is domiciled in this state or is a government or governmental subdivision, agency or instrumentality of this state and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;(4) The last known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this state or is a government or governmental subdivision, agency or instrumentality of this state;(5) The last known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is domiciled in this state or is a government or governmental subdivision, agency or instrumentality of this state;(6) The transaction out of which the property arose occurred in this state, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property, and the last known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property; or(7) The property is a traveler's check or money order purchased in this state, or the issuer of the traveler's check or money order has its principal place of business in this state and the issuer's records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property, or do not show the state in which the instrument was purchased.
WV Code § 36-8-5 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 8. Uniform Unclaimed Property Act|§36-8-5. Dormancy Charge

A holder may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes the charge, which is not regularly reversed or otherwise canceled. The amount of the deduction is limited to an amount that is not unconscionable.
WV Code § 36-8-6 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 8. Uniform Unclaimed Property Act|§36-8-6. Burden of Proof as to Property Evidenced by Record of Check or Draft

A record of the issuance of a check, draft or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge and want of consideration are affirmative defenses that must be established by the holder.
WV Code § 36-8-7 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 8. Uniform Unclaimed Property Act|§36-8-7. Report of Abandoned Property

(a) A holder of property presumed abandoned shall make a report to the administrator concerning the property.(b) The report must be verified and must contain:(1) A description of the property;(2) Except with respect to a traveler's check or money order, the name, if known, and last known address, if any, and the social security number or taxpayer identification number, if readily ascertainable, of the apparent owner of property of the value of $50 or more;(3) An aggregated amount of items valued under $50 each;(4) In the case of an amount of $50 or more held or owing under an annuity or a life or endowment insurance policy, the full name and last known address of the annuitant or insured and of the beneficiary;(5) In the case of property held in a safe deposit box or other safekeeping depository, an indication of the place where it is held and where it may be inspected by the administrator, and any amounts owing to the holder;(6) The date, if any, on which the property became payable, demandable or returnable, and the date of the last transaction with the apparent owner with respect to the property; and(7) Other information that the administrator by rule prescribes as necessary for the administration of this article.(c) If a holder of property presumed abandoned is a successor to another person who previously held the property for the apparent owner or the holder has changed its name while holding the property, the holder shall file with the report its former names, if any, and the known names and addresses of all previous holders of the property.(d) The report must be filed before November 1, of each year and cover the twelve months next preceding July 1, of that year, but a report with respect to a life insurance company must be filed before May 1 of each year for the calendar year next preceding.(e) The holder of property presumed abandoned shall send written notice to the apparent owner, not more than one hundred twenty days or less than sixty days before filing the report, stating that the holder is in possession of property subject to this article, if:(1) The holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate;(2) The claim of the apparent owner is not barred by a statute of limitations; and(3) The value of the property is $50 or more.(f) Before the date for filing the report, the holder of property presumed abandoned may request the administrator to extend the time for filing the report. The administrator may grant the extension for good cause. The holder, upon receipt of the extension, may make an interim payment on the amount the holder estimates will ultimately be due, which terminates the accrual of additional interest on the amount paid.(g) The holder of property presumed abandoned shall file with the report an affidavit stating that the holder has complied with subsection (e) of this section.
WV Code § 36-8-8 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 8. Uniform Unclaimed Property Act|§36-8-8. Payment or Delivery of Abandoned Property

(a) Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required by section seven of this article, the holder of property presumed abandoned shall pay, deliver or cause to be paid or delivered to the administrator the property described in the report as unclaimed, but if the property is an automatically renewable deposit, and a penalty or forfeiture in the payment of interest would result, the time for compliance is extended until a penalty or forfeiture would no longer result. Property held in a safe deposit box or other safekeeping depository may not be delivered to the administrator until one hundred twenty days after filing the report required by section seven of this article.(b) If the property reported to the administrator is a security or security entitlement under article eight of the uniform commercial code, the administrator is an appropriate person to make an indorsement, instruction or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with article eight of the uniform commercial code.(c) If the holder of property reported to the administrator is the issuer of a certificated security, the administrator has the right to obtain a replacement certificate pursuant to article eight, section four hundred eight of the uniform commercial code, but an indemnity bond is not required.(d) An issuer, the holder, and any transfer agent or other person acting pursuant to the instructions of and on behalf of the issuer or holder in accordance with this section is not liable to the apparent owner and must be indemnified against claims of any person in accordance with section ten of this article.
WV Code § 36-8-11 (2021)
2021 West Virginia Code|Chapter 36. Estates and Property|Article 8. Uniform Unclaimed Property Act|§36-8-11. Crediting of Dividends, Interest and Increments to Owner's Account

(a) If property other than money is delivered to the administrator under this article, the owner is entitled to receive from the administrator any income or gain realized or accruing on the property at or before liquidation or conversion of the property into money only as provided in this subsection:(1) If the property was an interest bearing demand, savings or time deposit, including a deposit that is automatically renewable, the administrator shall pay interest at a rate of four percent per year or any lesser rate the property earned at the time the property was delivered to the administrator.(2) If the property is any property other than an interest bearing demand, savings or time deposit, the administrator shall pay the owner four percent per year on the market value of the property at the time it was delivered to the administrator or any lesser annualized rate of income or gain the property earned from the time the property was delivered to the administrator to the time the owner established a claim to the property.(3) In no event shall the administrator be required to pay the owner any income or gain realized or accruing on the property after the third anniversary of the delivery of the property to the administrator.(b) Nothing in this section shall be construed to entitle an owner to interest on property which did not realize or accrue income or gain at the time it was delivered to the administrator.