If my son is incarcerated and I leave him money in my Will, can thestate take it from him?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my son is incarcerated and I leave him money in my Will, can thestate take it from him?

I want to leave money to take care of him and am concerned that MD officials will find a way to take it from him.

Asked on October 12, 2010 under Estate Planning, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would go and seek help from an estate planner in your area.  You may want to consider setting up a trust with your son as the beneficiary rather than giving him the money outright. You can determine the parameters of the trust to insure that the funds will be there when he is released. A trustee will need to be appointed so think about someone that you can entrust with this large responsibility. Speak with the planner about your concerns regarding the funds and determine what would be the best method to insure that they go to your son and why you believe that the funds will be taken from him (does he owe restitution?). Good luck.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption