[WSBAPT] Trust for brother's inheritance?

Wed Nov 3 11:18:35 PDT 2021

There are restrictions on amount of money to be given to an incarcerated inmate so be careful.
I had an inheritance to a son of the decedent and he opted to set up an account with his son and directed the monies to be put in that account rather than to him in prison.
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
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
As we face the challenges presented by COVID-19, we have limited staffing in the office to maintain critical functions. Attorney/client meetings will be handled by teleconference or virtually whenever possible.  Be assured that we will continue to advise & support our clients throughout this health emergency.  If you would like to set a telephone conference, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or dara at glgmail.com<mailto:dara at glgmail.com>.
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Wednesday, November 3, 2021 10:41 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Trust for brother's inheritance?

Suzanne,

Nothing that can really be done if the Will leaves to son outright.  The problem when folks believe equal = smart or proper.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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 Suzanne Lieberman
Sent: Wednesday, November 3, 2021 10:26 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Trust for brother's inheritance?

Hello again,

Intestate estate of mom being divided equally between her 3 children. Our client/Administrator is decedent's daughter The brother is in jail for 6 felonies. The two sisters are concerned that he is trying to marry and give some / most of his share to the new wife. Is there anything the Administrator can do to compel her brother to set up a trust for his share to prevent him from passing it on to his new wife? I am guessing not but just need confirmation. He has several mental disorders but they are not sure if he is currently on SSI, etc.

Best,

Suzanne Lieberman
CMS Law Firm LLC<http://cmslawfirm.com/>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)

Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).
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