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 noncustodial 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.