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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33555
Experience:  Estate Law Expert
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My brother has been incarcerated in California 10 years. I

Customer Question

My brother has been incarcerated in California for over 10 years. I just found out he has money in unclaimed property from interest on stock from a past employee. Can the State of California take this money?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.

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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