[WSBAPT] Probate distribution to inmate

Thu Jun 20 16:47:35 PDT 2019

I recently had the incarcerated inmate provide me with written instructions to distribute to his son in Arizona (with POA) since he faced another 40 years in prison.  There are restrictions on amount of money to be given to an incarcerated inmate so be careful.  A review of RCW 72.09.480 should be done…

RCW 72.09.480
Inmate funds subject to deductions—Definitions—Exceptions—Child support collection actions.
(1) Unless the context clearly requires otherwise, the definitions in this section apply to this section.
(a) "Cost of incarceration" means the cost of providing an inmate with shelter, food, clothing, transportation, supervision, and other services and supplies as may be necessary for the maintenance and support of the inmate while in the custody of the department, based on the average per inmate costs established by the department and the office of financial management.
(b) "Minimum term of confinement" means the minimum amount of time an inmate will be confined in the custody of the department, considering the sentence imposed and adjusted for the total potential earned early release time available to the inmate.
(c) "Program" means any series of courses or classes necessary to achieve a proficiency standard, certificate, or postsecondary degree.
(2) When an inmate, except as provided in subsections (4) and (8) of this section, receives any funds in addition to his or her wages or gratuities, except settlements or awards resulting from legal action, the additional funds shall be subject to the following deductions and the priorities established in chapter 72.11<http://app.leg.wa.gov/RCW/default.aspx?cite=72.11> RCW:
(a) Five percent to the crime victims' compensation account provided in RCW 7.68.045<http://app.leg.wa.gov/RCW/default.aspx?cite=7.68.045>;
(b) Ten percent to a department personal inmate savings account;
(c) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court;
(d) Twenty percent for any child support owed under a support order;
(e) Twenty percent to the department to contribute to the cost of incarceration; and
(f) Twenty percent for payment of any civil judgment for assault for all inmates who are subject to a civil judgment for assault in any Washington state court or federal court.
(3) When an inmate, except as provided in subsection (9) of this section, receives any funds from a settlement or award resulting from a legal action, the additional funds shall be subject to the deductions in RCW 72.09.111<http://app.leg.wa.gov/RCW/default.aspx?cite=72.09.111>(1)(a) and the priorities established in chapter 72.11<http://app.leg.wa.gov/RCW/default.aspx?cite=72.11> RCW.
(4) When an inmate who is subject to a child support order receives funds from an inheritance, the deduction required under subsection (2)(e) and (f) of this section shall only apply after the child support obligation has been paid in full.
(5) The amount deducted from an inmate's funds under subsection (2) of this section shall not exceed the department's total cost of incarceration for the inmate incurred during the inmate's minimum or actual term of confinement, whichever is longer.
(6)(a) The deductions required under subsection (2) of this section shall not apply to funds received by the department from an offender or from a third party on behalf of an offender for payment of education or vocational programs or postsecondary education degree programs as provided in *RCW 72.09.460<http://app.leg.wa.gov/RCW/default.aspx?cite=72.09.460> and 72.09.465<http://app.leg.wa.gov/RCW/default.aspx?cite=72.09.465>.
(b) The deductions required under subsection (2) of this section shall not apply to funds received by the department from a third party, including but not limited to a nonprofit entity on behalf of the department's education, vocation, or postsecondary education degree programs.
(7) The deductions required under subsection (2) of this section shall not apply to any money received by the department, on behalf of an inmate, from family or other outside sources for the payment of postage expenses. Money received under this subsection may only be used for the payment of postage expenses and may not be transferred to any other account or purpose. Money that remains unused in the inmate's postage fund at the time of release shall be subject to the deductions outlined in subsection (2) of this section.
(8) The deductions required under subsection (2) of this section do not apply to any money received by the department on behalf of an inmate from family or other outside sources for the payment of certain medical expenses. Money received under this subsection may only be used for the payment of medical expenses associated with the purchase of eyeglasses, over-the-counter medications, and offender copayments. Funds received specifically for these purposes may not be transferred to any other account or purpose. Money that remains unused in the inmate's medical fund at the time of release is subject to deductions under subsection (2) of this section.
(9) Inmates sentenced to life imprisonment without possibility of release or sentenced to death under chapter 10.95<http://app.leg.wa.gov/RCW/default.aspx?cite=10.95> RCW receives funds, deductions are required under subsection (2) of this section, with the exception of a personal inmate savings account under subsection (2)(b) of this section.
(10) The secretary of the department of corrections, or his or her designee, may exempt an inmate from a personal inmate savings account under subsection (2)(b) of this section if the inmate's earliest release date is beyond the inmate's life expectancy.
(11) The interest earned on an inmate savings account created as a result of the **plan in section 4, chapter 325, Laws of 1999 shall be exempt from the mandatory deductions under this section and RCW 72.09.111<http://app.leg.wa.gov/RCW/default.aspx?cite=72.09.111>.
(12) Nothing in this section shall limit the authority of the department of social and health services division of child support, the county clerk, or a restitution recipient from taking collection action against an inmate's moneys, assets, or property pursuant to chapter 9.94A<http://app.leg.wa.gov/RCW/default.aspx?cite=9.94A>, 26.23, 74.20, or 74.20A<http://app.leg.wa.gov/RCW/default.aspx?cite=74.20A> RCW including, but not limited to, the collection of moneys received by the inmate from settlements or awards resulting from legal action.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

LICENSED IN WASHINGTON AND OREGON
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jane Bitz
Sent: Thursday, June 20, 2019 3:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate distribution to inmate

You may want to check out RCW 72.09.480 and RCW 72.09.111 before your PR makes any decisions on this matter. Wright v Riveland 219 F.3d 905 (2000) explains the mandatory 35% deductions to come out of any funds received by inmates from outside sources.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Krista MacLaren
Sent: Thursday, June 20, 2019 2:16 PM
To: wsba probate & trust <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Probate distribution to inmate

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<mailto:kjm.inc at icloud.com>

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On Jun 20, 2019, at 12:38 PM, Philip N. Jones <pjones at duffykekel.com<mailto: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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