If my son is incarcerated and I leave him money in my Will, can thestate take it from him?
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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 13 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.
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