Can a direct blood heir be excluded from any& all inheratence if incarcerated in ca, prison for indetermanate sentence of murder

There was no will found and my Father wanted both of his daughters taken care of.I am the only other heir except grandkids etc. .I was told I could set up some kind of trust with an attorney's help for my sister when and if she is released/paroled.If there is any thing left after probate .Any suggestions

Los Angeles, CA -

Attorney Answers (3)

Christine James

Christine James

Probate Attorney - Roseville, CA
Answered

If there is only 2 daughters, BOTH daughters are the heirs if there is no will. Even the incarcerated daughter is entitled to her inheritance. Certainly setting up a trust for her benefit is a good idea. At a minimum, the money should be placed in an account for her benefit. The bottom line is whether she is in jail for life or not, she is a heir and entitled to her inheritance. Keep in mind however, if restitution is ordered in her criminal case, the inheritance can be used to satisfy that restitution order.

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Michael Kevin Cernyar

Michael Kevin Cernyar

Internet Lawyer - Long Beach, CA
Answered

This is a wills and trust issue. I would suggest contacting a wills and trust attorney. Many wills and trusts attorneys provided a free consultation.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
Richard Franklin Taub

Richard Franklin Taub

Criminal Defense Attorney - Sherman Oaks, CA
Answered

This question should be sent to the probate section. A good probate (wills and trusts) attorney will be able to know this answer and advise you.

The information provided herein does not create an attorney-client relationship. The information provided is to... more

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