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Articles 1 - 10 of 10
Full-Text Articles in Law
Unclaimed Property And Due Process: Justifying 'Revenue-Raising' Modern Escheat, Teagan J. Gregory
Unclaimed Property And Due Process: Justifying 'Revenue-Raising' Modern Escheat, Teagan J. Gregory
Michigan Law Review
States have long claimed the right to take custody of presumably abandoned property and hold it for the benefit of the true owner under the doctrine of escheat. In the face of increasing fiscal challenges, states have worked to increase their collection of unclaimed property via new escheat legislation that appears to bear little or no relation to protecting the interests of owners. Holders of unclaimed property have raised substantive due process challenges in response to these modern escheat statutes. This Note contends that two categories of these disputed laws-those shortening dormancy periods and those allowing states to estimate a …
State Escheat Statutes And Possible Treatment Of Stored Value, Electronic Currency, And Other New Payment Mechanisms, Anita Ramasastry
State Escheat Statutes And Possible Treatment Of Stored Value, Electronic Currency, And Other New Payment Mechanisms, Anita Ramasastry
Articles
Unclaimed property and escheatment is governed primarily by state statutory schemes. State unclaimed property statues require that after a specified period of time, unclaimed and abandoned property escheats to the states. The owner of the property may request return of the property upon proof of his or her ownership. Although several states have adopted the Uniform Unclaimed Property Act as their state escheatment statute,' there are variations in these state statutes. Nonetheless, all state statutes deal with traveler's checks and money orders; most also address gift certificates. Notably absent in all of the state statutes, with the exception of North …
Issues Of Sovereignty In Escheat And The Uniform Unclaimed Property Act*, Andrew W. Mcthenia, Jr., David J. Epstein
Issues Of Sovereignty In Escheat And The Uniform Unclaimed Property Act*, Andrew W. Mcthenia, Jr., David J. Epstein
Washington and Lee Law Review
No abstract provided.
Revisions In Abandoned And Unclaimed Property Legislation: A Look At The 1981 Uniform Unclaimed Property Act And West Virginia's Revised Uniform Act, James Dartlin Meadows West Virginia University College Of Law
Revisions In Abandoned And Unclaimed Property Legislation: A Look At The 1981 Uniform Unclaimed Property Act And West Virginia's Revised Uniform Act, James Dartlin Meadows West Virginia University College Of Law
West Virginia Law Review
No abstract provided.
Escheat, Unclaimed Property, And The Supreme Court, R. Perry Sentell Jr.
Escheat, Unclaimed Property, And The Supreme Court, R. Perry Sentell Jr.
Case Western Reserve Law Review
No abstract provided.
International Law-Treaties-Inheritance Rights Of Residents Of Yugoslavia, Charles F. Niemeth
International Law-Treaties-Inheritance Rights Of Residents Of Yugoslavia, Charles F. Niemeth
Michigan Law Review
All the heirs at law of a Pennsylvania resident who died intestate resided in Yugoslavia. The Orphans' Court found that the distributees would not have the actual benefit, use, enjoyment or control of their intestate shares. In accordance with a state statute providing for such contingency,1 the funds were ordered paid, without escheat, into the state treasury. On appeal, held, affirmed, one judge dissenting. Because the statute is custodial rather than confiscatory, it is not repugnant to the most-favored-nation clause of the treaty between the United States and Yugoslavia which provides for reciprocal rights of inheritance between citizens of …
Escheat - Abandoned Property - Full Faith And Credit As A Bar To Multiple Escheat Of Intangibles, Clarold L. Britton S.Ed.
Escheat - Abandoned Property - Full Faith And Credit As A Bar To Multiple Escheat Of Intangibles, Clarold L. Britton S.Ed.
Michigan Law Review
Escheat of abandoned or unclaimed property by the sovereign is as old as the common law. Recast in constitutional form, this ancient right of kings has become a significant source of revenue in an increasing number of American states. While the right of escheat is inherent in the power of a sovereign, its exercise requires specific legislative authority. Until recently this authority was sparingly given and escheat was generally limited to the administration of estates and abandoned tangible property. However, in this past decade, state legislatures have greatly expanded the scope and extent of escheat by authorizing the escheat of …
Conflict Of Laws -- Escheat Of Intangible Property To The State Of Situs, John F. Dodge, Jr S.Ed.
Conflict Of Laws -- Escheat Of Intangible Property To The State Of Situs, John F. Dodge, Jr S.Ed.
Michigan Law Review
The intestate died domiciled in California leaving no known heirs or next of kin. In addition to property in California adequate to pay his debts, the deceased left deposits in three New York banks. The domiciliary administrator, acting as ancillary administrator in New York, received the proceeds of the bank accounts, petitioned for judicial settlement, and requested payment of the ancillary estate to himself as domiciliary administrator. Held, the money should be paid to the Comptroller of the State of New York as abandoned property. In re Menschefrend's Estate, 283 App. Div. 463, 128 N.Y.S. (2d) 738 (1954).
Escheat Of Corporate Stocks And Dividends
Escheat - How State Acquires Title, Edwin C. Goddard
Escheat - How State Acquires Title, Edwin C. Goddard
Articles
Escheat is of feudal origin, and properly applied only to land which on failure of heirs or for certain other reasons, "fell in" to the lord under whom it had been held. Personal property without an owner, as bona vacantia, became the property of the crown. In re Bond [1901] 1 Ch. 15. In the United States escheat is used more broadly, but usually arises when the owner of property dies intestate without heirs. Our alienage laws have generally removed disabilities of aliens to take, but in some jurisdictions there may still be escheat because of alienage, see 5 MICH. …