Legal Question in Wills and Trusts in Alaska

benificiary eligibility

does an inmate of alaskan prison diagnosed with a mental disorder and serving time for murder meet the criteria for incompetance and therfore ineligibility to inherit from a living trust .the trust states,any person who is diagnosed as incompetant and who shall be entitled to government support or if any portion of income from the trust become subject toclaims of any governmental agency for costs or benifits ,fees or charges shall cease to become a benificiary.


Asked on 4/27/00, 5:09 am

1 Answer from Attorneys
Alex Scheingross Law Offices of Alex B. Scheingross

Re: benificiary eligibility

I would have to see the document and know more about the inmate's condition, however yes, a trust may exclude people who are being supported by some type of government benefits, if it would require them to give up their benefits or if the trust funds would be taken from them. Sounds like a special needs trust of some kind.

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Answered on 6/09/00, 2:25 pm


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