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| | ESCHEAT - LoveToKnow Article on ESCHEAT |
 | | Besides escheat for defect of heirs, there was formerly also escheat propter delictum tenentis, or by the corruption of the blood of the tenant through attainder consequent on conviction and sentence for treason or felony. | | | The land, therefore, escheated to the next heir, subject~ to the superior right of the crown to the forfeiture of the lands,in the case of treason. | | | The blood of the tenant becoming corrupt by attainder was decreed no longer inheritable, and the effect was the same as if the tenant had died without heirs. |
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http://www.1911encyclopedia.org/E/ES/ESCHEAT.htm
(304 words)
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| | Escheat - Definition of Escheat - Escheat in Encyclopedia - DictionaryWords.net |
| | Escheating.] (Law) To revert, or become forfeited, to the lord, the crown, or the State, as lands by the failure of persons entitled to hold the same, or by forfeiture. | | | All escheats, under the English law, are declared to be strictly feudal, and to import the extinction of tenure. | | | According to the English law, escheat denotes an :obstruction of the course of descent, and a consequent determination of the :tenure, by some unforeseen contingency; in which case the land naturally :results back, by a kind of reversion, to the original grantor, or lord of :the fee.. |
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http://www.dictionarywords.net/find/word/Escheat
(531 words)
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| | * Escheat - (Business): Definition |
| | Escheat Period The period of elapsed time required by applicable state law for property to be presumed abandoned. | | | The date prescribed in the unclaimed property law in most states for determining the items of property that must be turned over to the state. | | | for whatever is not actually owned by the public authority may be transferred to it by escheat (when there is no heir to the owner) or in condemnation proceedings under the power of eminent domain (see)... |
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http://www.bestknows.com/business/escheat.html
(270 words)
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| | Escheat: Financial Statement Considerations |
| | Escheat, in broad terms, refers to the devolution, or transfer, of property to the state. | | | Before performing an escheat analysis, one must properly identify states in which escheat laws apply and determine the applicable escheat laws and regulations. | | | Accuracy-related charges generally result from the failure to file (or to timely file) escheat returns (for any periods open under the statute of limitations), or the failure to remit (or to timely remit) escheatable property to the state. |
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http://www.nysscpa.org/cpajournal/2004/804/essentials/p50.htm
(885 words)
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| | Hawaii Attorney General Legal Opinion 98-04 |
| | While courts will not enforce escheat statutes so as to deprive persons of property without due process of law, if the statutes provide adequate notice to the owner and an opportunity to be heard, they satisfy the requirements of due process. | | | Escheat is a procedure whereby the sovereign may acquire title to abandoned property if, after a number of years, no rightful owner appears. | | | The escheat permitted by Act 214 is of property that has already been presumed abandoned under other sections of chapter 523A and is already in the custody of the State. |
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http://www.state.hi.us/ag/opinions_formal_letters/9804.htm
(2145 words)
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| | OSCN Found Document:TEXAS CO. v. STATE ex rel. CORYELL |
| | 22, Constitution, are not self-executing and that the jurisdiction of the court to declare an escheat must depend upon the statutory enactment therefor was declared by this court in State v. | | | This tract likewise was not subject to escheat and the trial court judgment to the contrary was erroneous. | | | In an action against a corporation to escheat lands, and interests or rights in lands, which the corporation holds, and which under the law it is entitled to hold if the facts warrant, the burden of proof on the issue of unlawful holding is upon the plaintiff. |
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http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=1734
(6938 words)
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| | FORGOTTEN BUT NOT GONE: |
| | That case held: (i) escheat to the state in which the intermediary, having assumed the position of legal obligor, is incorporated (not located, which was New York's wish), unless (ii) another state can prove that a creditor's last address is in that state. | | | The rule: if the buyer's address is unknown, escheat to the state where the instrument was sold. | | | Under feudal law, the lord, upon termination of his tenant's tenure of land by reason of treason, banishment, forfeiture, or want of heirs, was presumed to resume his original title to the land by way of escheat. |
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http://www.abanet.org/scitech/ec/ecp/escheat.html
(2410 words)
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| | PROPERTY CODE - CHAPTER 71 |
| | Any person, whether named in the escheat petition or not, who claims an interest in property that is the subject of an escheat proceeding may appear, enter a pleading, and oppose the facts stated in the petition. | | | (a) If the court renders a judgment for the state finding that an intestate died without heirs, the property escheats to the state and title to the property is considered to pass to the state on the date of death of the owner as established by the escheat proceeding. | | | (a) If personal property escheated to the state, the court shall issue to the sheriff a writ that commands the sheriff to seize the escheated property. |
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http://www.capitol.state.tx.us/statutes/docs/PR/content/htm/pr.006.00.000071.00.htm
(1577 words)
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| | OSCN Found Document:SHERIDAN OIL CO. v. SUPERIOR COURT OF CREEK COUNTY |
| | In each of the cases a determination that certain lands belonging to the respective corporations are held in violation of the escheat laws of the state of Oklahoma and an adjudication escheating such lands to the state of Oklahoma in accordance with the provisions of such laws are sought. | | | On this theory, the jurisdiction of the superior court of Creek county was challenged in the trial tribunal, and upon the denial of the challenge this proceeding was commenced. | | | The question in this case is whether escheat cases are within the jurisdiction actually vested by legislation upon the subject. |
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http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=17670
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| | Gift Certificates Revisited |
| | That being the case, retailers believe that they are not required to escheat the monies representing such unredeemed certificates. | | | The 1981 Uniform Act explicitedly recognized gift certificates for the first time, both as a separate statute and as one of the enumerated examples in the definition of "intangible personal property." 1981 was also the first state victory in the escheat of the certificates. | | | The court also noted that the Stetson certificate allowed the holder to claim his or her hat within a one-year period from issuance. |
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http://www.unclaimedpropertylaw.com/giftcerts.htm
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| | To Escheat or Not to Escheat |
| | The appropriate adjustment, based on most state escheat laws, is to remit the expired gift certificates as "unclaimed assets" to the state. | | | To escheat revenue, or the proper remittance of unclaimed property to the state, is an issue that needs to be properly addressed by all hospitality concerns (i.e. | | | If all possible property subject to escheat law has been reviewed, the next step is to review the required abandonment period for your state and follow your state’s escheat or "unclaimed property" filing rules. |
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http://www.hftp.org/members/bottomline/backissues/1998/oct-nov/escheat.htm
(1166 words)
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| | [No title] |
| | Review the state escheat laws and determine state requirements. | | | The company is in compliance with individual state escheat laws, including publication requirements for the funds being held. | | | Objective: To ensure that reports and statements are in agreement with required state escheat laws. |
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http://www.auditnet.org/docs/Escheatment.txt
(596 words)
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| | St. George Tucker: Of Title by Purchase, And First by Escheat |
| | on failure of which, or by doing any act that amounts to an implied waiver of his right, as by accepting homage or rent of a stranger who usurps the possession, his title by escheat is barred. | | | But it must be remembered that in order to complete this title by escheat, it is necessary that the lord perform an act of his own,by entering on the lands and tenements so escheated, or suing out a writ of escheat: | | | THE doctrine of escheat upon attainder, taken singly, is this: that the blood of the tenant, by the commission of any felony, (under which denomination all treasons were formerly comprised |
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http://www.lonang.com/exlibris/tucker/tuck-315.htm
(3651 words)
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| | Delaware v. New York, 507 U.S. 490 (1993). |
| | Funds held by a debtor become subject to escheat because the debtor has no interest in the funds--precisely the opposite of having "a claim to the funds as an asset." We have recognized as much in cases upholding a State's power to escheat neglected bank deposits. | | | For these situations, we adopted a secondary rule awarding the right to escheat to the debtor's "State of corporate domicile," subject to the claims of the State with "a superior right to escheat" under the primary rule. | | | Texas and Pennsylvania avoided this conundrum by resolving escheat disputes according to the law that creates debtor creditor relationships; only a State with a clear connection to the creditor or the debtor may escheat. |
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http://straylight.law.cornell.edu/supct/html/91-111.ZO.html
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| | Escheat Definition |
| | escheat definition – if a property owner dies without any heirs, the property reverts to the government; this is called escheat. |
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http://www.legal-definitions.com/escheat.htm
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| | ESCHEAT ACT |
| | Escheated land may be taken by Attorney General | | | 1 If land in British Columbia escheats to the government because the person last seised or entitled to it dies intestate and without lawful heirs, or forfeits to the government, the Attorney General may take possession of the land in the name of the government. | | | (4) If, within 2 years from the date of its dissolution, a corporation is revived under any Act by order of a court, the order has effect as if the land of the corporation had not escheated to the government, and, subject to the terms of the order, the land vests in the corporation. |
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http://www.qp.gov.bc.ca/statreg/stat/E/96120_01.htm
(1390 words)
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| | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
| | In such a case the State of corporate domicile could escheat the property, subject to the right of the State of the last known address to recover it if and when its law made provision for escheat of such property. | | | The power to escheat such property has traditionally been thought to be lodged in the domiciliary State of one of the parties to the obligation. | | | Pennsylvania, 368 U.S. -78, none of this Court's cases allowing States to escheat intangible property decided the possible effect of conflicting claims of other States. |
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http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=379&invol=674
(2749 words)
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| | AGO_1959-60_No_049 |
| | Escheat property is defined as property of a person who dies "without being survived by any person entitled to the same under the laws of this state." RCW 11.08.140. | | | However, it is no longer necessary to have a decree of escheat entered to vest the title in the state to escheat property of those dying after June 8, 1955. | | | (2) Drainage district assessments levied against property escheated to the state must be paid by the state. |
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http://www.atg.wa.gov/opinions/1959-60/opinion_1959-60_049.html
(1356 words)
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| | S.C. Code of Laws Title 27 Chapter 19 Escheat Of Land And Personal Property - www.scstatehouse.net-LPITS |
| | If any suit for property supposed to be escheated shall be prosecuted by the Secretary of State and the jury before whom the trial shall be had shall think there is no probable cause, the jury shall assess and award to the party aggrieved such damages as they shall think proper. | | | The judge presiding at such court shall cause a jury, being first duly sworn, to proceed and make a true inquest of all such supposedly escheated lands which by the Secretary of State shall be subjected to their investigation and a true verdict made thereon. | | | No property shall be vested in the State or any inquisition had by the escheator when any person shall have committed or may commit any felony against the State but such property shall descend to, and be vested in, the representatives of such person. |
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http://www.scstatehouse.net/code/t27c019.htm
(946 words)
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| | COURT RULES AGAINST 'PARTIAL ESCHEAT' OF DIVIDENDS ON ABANDONED STOCK |
| | In this respect the measure differs from the escheat type of statute, pursuant to which the right of the owner is foreclosed and the title to the property passes to the state. | | | A flaw in this argument is that escheats "are not favored in the law, and any doubt whether property is subject to escheat is resolved against the state." Looking at the way the Unclaimed Property Act functions, Hall concluded, "it is clear that the act does not authorize the state to exercise its 'escheat' powers. | | | "Nonetheless," Hall continued, "the defendants maintain that whether the act is an escheat law must be determined by the actual operation of the act and that the operation of section 15 of the act is a limited 'escheat' law." |
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http://www.felahfd.com/HFDLaw/notebook/250.htm
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| | Print Page |
| | Property is also escheated from the estate of a person dying intestate or partially intestate without any known or discoverable heirs. | | | The escheated principal is held in trust for the rightful owners who may receive same upon the presentation of properly documented claims [G.S. 116B-38(a)]. | | | The period of time which the holder must retain the property in dormant custody varies with the classification of the property however, the dormant custodial period for uncashed checks is five years. |
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http://www.northcarolina.edu/content.php/themes/printerfriendly.php?docnumber=2333
(463 words)
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| | IN THE MATTER OF ROBERT ABRAMS, ATTORNEY GENERAL OF THE STATE OF NEW YORK, &C. ROBERT ABRAMS, ATTORNEY GENERAL ... |
| | Inasmuch as the statute does not, by its terms, admit of any exception for unclaimed refunds that may have already become subject to the State's escheat laws, the Appellate Division was correct in concluding that the Attorney General's petition should have been dismissed in its entirety. | | | Accordingly, under the Supremacy Clause of the Constitution, we are bound to recognize this federal statute as a valid limitation on the escheat rights established by article XII-A of the Abandoned Property Law. | | | In this proceeding, the New York State Attorney General seeks to recover from the United States Government those unclaimed refunds which, he alleges, have escheated, or will escheat, to the State by operation of article XII-A of the Abandoned Property Law. |
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http://www.law.cornell.edu/nyctap/I91_0085.htm
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| | When does a missing heir's share escheat to the State? |
| | It is the panels opinion that before the property escheats to the State, 5 years must pass after the 3 years time period has expired under MCLA § 700.3917(6). | | | Under § 567.241(2) of the Act, any person (the county treasurer in this case) holding property that is presumed abandoned and subject to escheat is required to file a report with the State treasurer concerning the abandoned property. | | | The statute, however, does not appear to address how long an heir may have to petition the probate court for a court order releasing the money to those entitled to it. |
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http://courts.co.calhoun.mi.us/epic0278.htm
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| | 39-19-13. Escheat to state prohibited. |
| | 1) Property on loan to a museum shall not escheat to the state under any state escheat law, but shall pass to the museum under the provisions of Section 6 of this act. |
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http://www.mscode.com/free/statutes/39/019/0013.htm
(50 words)
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| | Escheat |
| | Escheat is may be used as either a verb or a noun. | | | Escheat is the reversion of real or personal property to the state in the absence of legal heirs or claimants. | | | Escheat is one of the four powers of government. |
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http://www.georgiaappraiser.com/glossary/escheat.htm
(54 words)
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| | : GN 02408.750 - FI Notifies SSA of Possible Escheat - 04/08/2004 |
| | Send a letter to the beneficiary’s estate, if the estate filed for and received the funds from the State after the funds escheated to the State. | | | The PC (for Title II) or the FO (for Title XVI) will list the payments that were paid during the time covered by the escheat action and compute the total amount to be requested. | | | The FI asks SSA to send documentation if the agency wants to reclaim the money for the Trust Fund. |
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http://policy.ssa.gov/poms.nsf/lnx/0202408750
(347 words)
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| | Civil Resource Manual 81 VA Escheat Claims |
| | Funds in the hands of a guardian for an incompetent veteran, derived from Department of Veteran Affairs (VA) benefit payments, will escheat to the United States if the veteran dies intestate and under the laws of the state where he/she died the funds would otherwise escheat to the state. | | | denied, 325 U.S. state enacting an abandoned personal property law cannot thereby defeat the escheat claim of the United States. |
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http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title4/civ00081.htm
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| | Section 1103. Payments to enrollees, heirs or legatees; protection of minors and persons under legal disability; ... |
| | Any sum of money remaining to the credit of the Nooksack Tribe as a result of this judgment, three years after October 14, 1966, shall escheat to the United States and shall be deposited in the Treasury of the United States in miscellaneous receipts. | | | Search a database of over 1,000,000 lawyer profiles to find the lawyer with the experience you need. | | | Payments to enrollees, heirs or legatees; protection of minors and persons under legal disability; credits of shares under certain amounts; escheat |
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http://caselaw.lp.findlaw.com/casecode/uscodes/25/chapters/14/subchapters/liii/sections/section_1103.html
(445 words)
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| | [No title] |
| | Existing law prohibits holders of unclaimed property from imposing any service charges or fees because of the inactive or unclaimed status of the property, nor shall such charges or fees be deducted or withheld from any property subject to escheat unless specifically permitted under the Unclaimed Property Law. | | | The state should also pay this service charge when it gets funds from unclaimed money orders. | | | The sponsor of this provision, California Bankers Association (CBA), states that when determining whether or not an account should escheat to the state, the law is applied to each account separately. |
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http://www.sen.ca.gov/leginfo/BILL-6-DEC-1998/CURRENT/AB/FROM0700/AB0777/SAFLOOR.TXT
(1010 words)
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| | UIPL 661-62 The Escheat of Uncashed Checks Drawn Against the Unemployment Compensation Benefit or Administration Fund ... |
| | If a State interprets that prmision of its law to permit checks for benefits or for refund of erroneous contributions which remain uncashed to be escheated to the State's general fund, a question of conformity with the Federal statutes is raised. | | | If the law is interpreted as prohibiting such withdrawals and transfers, but such withdrawals and transfers are made, then a question of compliance is raised. | | | It has come to our attention that, in some States, when checks drawn on the State's benefit account or the administrative fund account remain uncashed beyond the period within which they must be cashed, the funds represented by such checks revert to the general fund of the State. |
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http://www.ows.doleta.gov/dmstree/uipl/uipl_pre75/uipl_661-62.htm
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| | Escheat Unclaimed Property |
| | These are just a few of the many items that the Delaware State Escheator may be holding for you. | | | Pursuant to state statute we need a written inquiry. | | | The Delaware State Escheator has two claims processing units one located in Wilmington, DE and one located in Boston, MA. |
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http://www.state.de.us/revenue/information/Escheat.shtml
(216 words)
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| | escheat |
| | to revert by escheat, as to the crown or the state. | | | the right to take property subject to escheat. |
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http://www.infoplease.com/dictionary/escheat
(77 words)
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| | NASACT - Technical Updates - NASACT's Implementation Database |
| | We report the SEAA as a discretely presented component unit. | | | What other kind of activities would qualify for inclusion under this type of fund? | | | An escheat property fund is used as an example of the type of activity that should be reported under this fund type. |
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http://www.nasact.org/techupdates/icdatabase/fb.html
(384 words)
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| | Summary of Statement No 21 |
| | An escheat is the reversion of property to a governmental entity in the absence of legal claimants or heirs. | | | This Statement requires escheat property generally to be reported in either an expendable trust fund or the fund to which the property ultimately escheats (the "ultimate fund"). | | | This Statement establishes standards for the fund type to be used to report escheat property and for reporting liabilities and interfund transfers relating to escheat property. |
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http://www.gasb.org/st/summary/gstsm21.html
(258 words)
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| | Escheat |
| | A reversion of property to the state in consequence of a want of any individual competent to inherit. | | | The word "escheat", in this country, merely indicates the preferable right of the state to an estate left vacant, and without there being any one in existence able to make claim thereto. |
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http://www.wctc.edu/busocc/law/prop/tsld018.htm
(50 words)
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| | escheat -- Encyclopædia Britannica |
| | There were generally two conditions by which land would escheat: the death of the tenant without heirs or the conviction of the tenant for a felony. | | | In case of felony, the land would lose its inheritability and escheat to the lord, who would then hold the land subject to the... | | | "escheat." Encyclopædia Britannica from Encyclopædia Britannica Premium Service. |
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http://www.britannica.com/eb/article-9032982?tocId=9032982
(439 words)
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| | Escheat |
| | Escheat (n.) The reverting of real property to the State, as original and ultimate proprietor, by reason of a failure of persons legally entitled to hold the same. | | | This is the definition of the term Escheat | | | Escheat (n.) Lands which fall to the lord or the State by escheat. |
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http://linkspider.serversystems.net/dictionary/lookup/escheat
(154 words)
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| | ESCHEATS |
| | Proceedings to compel payment within time for escheat. | | | Corporate grantees to hold free from right of escheat. | | | Accounts of money from escheat of corporate property. |
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http://members.aol.com/DKM1/27.html
(206 words)
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| | The Unclaimed Property Page |
| | Money that belongs to you might be sitting in a state unclaimed property office, just waiting for you to claim it. | | | Brooke Spotswood, P.C. Web site of one of the co-authors of Guide to Unclaimed Property and Escheat Laws, offering a seminar on escheat law. | | | The following are not software vendors but they provide a variety of abandoned property consulting services, such as processing a company's abandoned property or assisting with compliance issues. |
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http://www.kantrowitz.com/kantrowitz/uncl-prop.html
(3027 words)
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| | ESCHEAT |
| | Under existing law, sums payable directly by a bank or financial institution on a certified check or similar written instrument for more than five years escheat to the state. | | | Under existing law, persons who fail to report or to pay or deliver unclaimed property to the Controller within the time prescribed are liable for interest at 12 percent per annum on the value of the property involved. | | | This act shortens that time period to three years and specifies that any wages or salaries that have remained unclaimed by the owners for more than one year after payable escheat to the state. |
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http://www.clta.org/Legislative/Summary/2003summary/escheat.htm
(160 words)
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