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Ohio General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in Ohio that do not fit into any other Ohio sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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Old 03-26-2019, 08:37 AM
jessmariebfly jessmariebfly is offline
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Default Money from death benifits or inheritance

Hi does anyone know how inmates are suppose to handle the situation of getting money from a death benifit or inheritance? Do they get the money sent to them from a cashier's check or what and can they actually even get the money while they are incarcerated or do they need to do something else.I am so confused please help
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Old 03-26-2019, 04:18 PM
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patchouli patchouli is offline
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It may be best if the money could be placed in a bank account or trust of some sort. If the inmate has given POA to someone, while I don't believe they can open an account in the inmate's name, they could make sure the money is kept in trust and send a little every month. Often child support, restitution and/or court fines & fees are deducted from an inmate's books every time they get a deposit....I'd really hate for him to lose a percent of that money before he even gets it.

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Old 03-27-2019, 10:50 AM
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Mostly trusts have to be set up before the person who owns the money dies and it gets inherited. This is best done through the aid of an estates attorney.


Parent has a house, car, investment account. Parent dies intestate (fancy word for without a will). The possessions of the deceased are gathered up and sold off with the money’s divided among the recognized heirs of the decedent (dead parent). How the money is divided up is taken out of the hands and wishes of the now deceased parent - all gets disposed of according to State statute. So, if Parent had a good friend living in her house, that good friend gets nothing. If parent didn't want son inheriting, but wanted a share going to help a grandkids pay for school, it is not happening.

So, what does this mean for a prisoner? It means that a lump sum is usually paid to the prisoner from the estate of the deceased parent, usually by check, usually to the address that they have for the prisoner.

Then, the total amount is reduced by payments for restitution, child support, fines, and anything else they can come up with until a de minimus amount is left or the full bill is paid, whichever happens first.

If a person is alive, s/he should write a will. If that person has a significant person who would be the natural recipient of the fruits of a person's labors who is in prison (parent, child, spouse), that person should look into setting up a trust. Why?

A trust that triggers when a person dies takes a fixed amount/portion of an estate and sticks it in an irrevocable trust with a specific, legal purpose. That specific, legal purpose can be making sure that a prisoner, whether related to the person or not, receives a specific amount each month. A trust is an independent entity not within the control of the prisoner, so the prisoner does not own the funds in the trust - he is just the beneficiary of the trust. Consequently, the government cannot take the funds in the trust - those funds are protected.

But, that all has to happen before the relative dies, or the prisoner will receive his share of an estate, and the government will go after that money for the purposes of restitution, child support, etc, etc, etc.
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Old 03-27-2019, 11:05 AM
jessmariebfly jessmariebfly is offline
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ok thank you so much
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