[WSBAPT] Probate distribution to inmate

[Krista MacLaren]

I don’t know if there is one right way to do it, but I had a beneficiary in a probate who was in prison.  She did have a bank account and an agent under a power of attorney.  She requested that a partial distribution be sent to her agent who deposited it, and then sent small amounts to her in prison.  If your B could sign a power of attorney while in prison, perhaps agent could open a bank account for them.  I don’t know whether that account could technically be garnished or something along those lines for fees owed the court.  I know my B didn’t want to receive a large amount in her prison account because I think amounts over a certain threshold would be applied toward fees/costs owed to the system.

I will be interested to hear what others say.  

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116
kjm.inc at icloud.com

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> On Jun 20, 2019, at 12:38 PM, Philip N. Jones <pjones at duffykekel.com> wrote:
> 
> One of my colleagues has asked me to post the following question:
>  
> Washington probate.  Beneficiary under the Will is incarcerated in prison for next three years.  Beneficiary does not have a bank account.  Is there a special procedure for distributing assets to an incarcerated beneficiary?  Or should the beneficiary’s share be placed in a trust account until the beneficiary is released from prison?
>  
>  
>  
> Philip N. Jones |Duffy Kekel LLP
> 900 S.W. Fifth Ave., Suite 2500, Portland OR 97204
> (503) 226-1371 (main)| (503) 226-3574 (fax)
> pjones at duffykekel.com <mailto:pjones at duffykekel.com>
>  
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