[WSBAPT] Heir in prison

[Joshua McKarcher]

To my understanding, the planning would have had to have been completed before the death of the decedent who left the imprisoned heir an inheritance.

If the imprisoned heir’s interest has already vested by the death of the benefactor (as I infer), I would be very careful of trying to circumvent the rights of the heir’s creditors, etc. Using a disclaimer to achieve that outcome could place the heir’s adult children at risk of having the fine collectors and tax collectors knocking on their door.

All my best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Marvin Benson
Sent: Monday, October 4, 2021 5:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Heir in prison

Hi list mates

One of the heirs of the probate estate is in prison for years.   Said heir does have adult children.

If said heir receives the money, the state will charge for fines and /or services etc.

Would a disclaimer work ?

Is there another solution to protect the inheritance?

thank you


Marvin Benson
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