If my son is a prisoner and I have him in my Will, can he receive full benefit sum after my death?

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If my son is a prisoner and I have him in my Will, can he receive full benefit sum after my death?

Asked on June 30, 2018 under Estate Planning, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In many jurisdictions, incarceration (at either the state or federal level) results in an automatic forfeiture of a person's right to receive income. This this includes an inheritance. Further, typically this right is not reinstated upon release, so income received during incarceration is lost. As to who gets the money may depend on the reason the person is in incarcerated. In some cases, the funds might go to a victim or victim's family, to the prison system to offset the cost of their incarceration, to the inmate's next of kin, or go into a Trust for holding until release. At this point, you can consult directly with a local attorney who can best advise further as to specific state law.


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