[WSBAPT] Incarcerated person wishes to donate retirement payments

Fri Mar 8 14:21:37 PST 2019

My best answer is to look at RCW 19.40. Although anytime one receives something of value without consideration, it is subject to Federal and State laws related to bankruptcy and fraudulent transfers.

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Friday, March 8, 2019 1:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Incarcerated person wishes to donate retirement payments

Ok, I have not had this type of case, but isn't there a scenario where a person show has not reached the retirement age and therefore has not received the benefits, decides to retire early, due to the conviction, opting for a lump sum cash out, which then becomes attachable. If creditor can show that this was done to avoid creditors (pending suit etc), then wouldn't they be able to reach the asset?  

-------- Original Message --------
Subject: Re: [WSBAPT] Incarcerated person wishes to donate
retirement payments
From: < <mailto:nestor at pplsweb.com> nestor at pplsweb.com>
Date: Fri, March 08, 2019 12:53 pm
To: "'WSBA Probate & Trust Listserv'" < <mailto:wsbapt at lists.wsbarppt.com> wsbapt at lists.wsbarppt.com>

I don’t think it matters. Isn’t it required for a creditor or the state to levy and attach or garnish the payment or funds? Until such time, he is “free” to do what he wants with his money.

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.

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From:  <mailto:wsbapt-bounces at lists.wsbarppt.com> wsbapt-bounces at lists.wsbarppt.com < <mailto:wsbapt-bounces at lists.wsbarppt.com> wsbapt-bounces at lists.wsbarppt.com> On Behalf Of  <mailto:michael at westseattleattorney.com> michael at westseattleattorney.com
Sent: Friday, March 8, 2019 12:07 PM
To: WSBA Probate & Trust Listserv < <mailto:wsbapt at lists.wsbarppt.com> wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Incarcerated person wishes to donate retirement payments

So what was he convicted of?  I would make make sure that there are no judgments or pending suits for personal injuries/ damages and or government costs /reimbursements etc from the conviction.

-------- Original Message --------
Subject: [WSBAPT] Incarcerated person wishes to donate retirement
payments
From: Lovie Bernardi < <mailto:lovie at fb-lawfirm.com> lovie at fb-lawfirm.com>
Date: Fri, March 08, 2019 11:39 am
To: WSBA Probate & Trust Listserv < <mailto:wsbapt at lists.wsbarppt.com> wsbapt at lists.wsbarppt.com>

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Dear listmates,

I received a call from a pastor who volunteers at a prison. He has been counselling a man serving a life sentence who wanted to donate his $1,900 a month retirement check to a charity. The prisoner apparently sent the money to someone with instructions on where to donate the money.  He recently learned they were using the money for their personal benefit. The person/people who were originally asked to handle the money sent the pastor a check for the remaining money in their possession, $40,000, much to his surprise. The pastor doesn’t feel it is appropriate for him to be directly involved with the money and the donation of it and will not cash the check. Does anyone have some suggestions on how to set up a mechanism for this money to be donated? Thanks in advance.

Lovie L. Bernardi

Flaherty & Bernardi, PLLC

3600 15th Avenue West #205

Seattle, WA  98119

(206) 682-2616

 <mailto:joni at sbfirm.com> lovie at fb-lawfirm.com

 <http://sbfirm.com/> http://fb-lawfirm.com

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