[WSBAPT] Beneficiary in Prison- Advice Needed

Paul Grant paulnnepa at gmail.com
Thu Jul 26 14:08:10 PDT 2018


Get the beneficiary to name a POA for his estate interest.  Include all the
necessary language and protections for your PR/Trustee to allow no further
notice directly to the beneficiary and to allow the POA to receive the
final distribution on their behalf.  The inmate can arrange a notary to
sign, but if in FL, you may want to get a FL attorney to review before
presenting to beneficiary.

That's how I handled a recent inmate/beneficiary issue.


Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com

Estate Planning. Business Planning. Wealth Succession.

On Wed, Jul 25, 2018 at 10:48 AM, Dalynne Singleton <dalynne at glgmail.com>
wrote:

> I have recently finished a very contentious estate where the only
> beneficiary had 40 more years to serve his prison term.  We had several
> hearings and he was allowed to appear by phone.  If you want to give me a
> call, feel free.
>
>
>
> *Dalynne Singleton*
>
>
>
> *Gourley Law Group*
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>
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>
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>
> *dalynne at glgmail.com <dalynne at glgmail.com>*
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> *From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.
> wsbarppt.com> *On Behalf Of *Julie Martiniello
> *Sent:* Wednesday, July 25, 2018 9:24 AM
> *To:* Trust and Probate Section <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Beneficiary in Prison- Advice Needed
>
>
>
> I am wondering if anyone that has experience with a beneficiary in prison
> or a similar scenario and  would be willing to chat with me and lend some
> advice.
>
>
>
> This is my first probate where a beneficiary is in prison and will be in
> prison in Florida for what appears to be many many years. The prison only
> allows postcards to come via mail. I am not sure how to provide him notice
> of the proceedings and how his distribution works, especially since it
> appears there is a large restitution judgement against him and I assume the
> State will get first dibs. To complicate matters, this probate is being
> opened 15 years after death to deal with property that was never handled
> and there is likely to be some contention regarding allocation of the
> estate.
>
>
>
> In this case would I request a Guardian Ad Litem to be appointed? Any
> advice or direction would be very much appreciated.
>
>
>
> --
>
> Respectfully,
>
>
> JULIE A. MARTINIELLO | PARTNER | DIMENSION LAW GROUP PLLC
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
>
> t: *206.973.3500 *| f: *206.577.5090*| e: JULIE at dimensionlaw.com| www.
> dimensionlaw.com
>
>
>
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