Estate Law Questions? Ask an Estate Lawyer.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
The State can seize the money if he owes money to the state or if he has court ordered restitution. I have never seen a state do this, likely because their databases don't cross check with each other but certainly the state can do it if they discover the money and they are owed.
They can't take it just because he is imprisoned.
In addition, you can likely apply for it on his behalf if you have his power of attorney. There is nothing I am aware of that states a claim for unclaimed funds is not allowed if the claimant is in prison.
Information on making a claim for it can be found at http://www.sco.ca.gov/upd_faq_about_q01.html