Legal Question in Wills and Trusts in California

Inheritance by incarcerated heirs

Are there any restrictions on the distribution of the share of an estate or trust of a beneficiary of an estate who is currently incarcerated?

Asked on 12/28/04, 12:00 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.
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Re: Inheritance by incarcerated heirs

If the crime created the estate, yes.

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12/28/04, 12:32 pm
Chris Johnson Christopher B. Johnson, Attorney at Law
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Re: Inheritance by incarcerated heirs

There are no restrictions (unless the heir is responsible for the death of the person leaving the estate), but as a practical matter, the heir should designate someone with a power of attorney for receiving the distribution on his/her behalf.

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12/28/04, 2:37 pm

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