This thread is really interesting to me, as my PP who is in Illinois, is presently facing some big changes in the near future as his key support in life, his Dad, is terminally ill. I will be asking him in my next letter, if he has a living will, as I think this is really important and basic stuff he should have in place. (He is serving a life sentence)

I also have another question to add to this thread which is kind of related. Should my PP be left an inheritance by his Father my PP thinks that the state can file a fairly good claim against it, either if it were paid directly to his prison trust fund as a lump sum or to any specifically named 'holding' trust fund where he is the beneficiary. At a guestimate, he is thinking along the lines of $80,000 gifted to him of which he may lose up to $30,000. Does this sound correct to you guys? I expect that the judicial system is always seeking to recover it's costs against it's incarcerated, however it seems somehow unfair that if a Father wants to leave an amount to ensure his son will always have some commissary account money (given he is serving a life sentence), that his (the Father) funds are ravaged, when he is not the one who committed any crime and purely wants to try and ensure his boy can at least have some ongoing support in life via the inmate account, or extra assistance in an emergency situation such as major health issues etc.

1. Do inmates have a specific annual amount they are allowed, before they are 'taxed' by the judicial and/or tax system in the manner outlined above?

2. What options exist for an inmate, serving life, who has relied upon family support, but who will soon lose that support but gain a lump sum, to preserve a regular income payment into a commissary account, so he is not completely cut off from the small wisp of support he has become reliant on?

3. My PP indicated that even if his Father formed a completely separate trust account which made him (PP) the sole beneficiary, into which his share of his inheritance was paid and then theoretically doled out on a regular basis to the commissary account that the judicial system could still file a claim against this? Is there any legal way to protect funds gifted to an inmate in these sort of circumstances?

Weighty questions, I know...but there must be some answers out there?

Look forward to reading any further replies to the original thread, and any enlightenment on my added queries. Thanks guys.

Cushla, this is what i have found out, because i have done the same. I have left a substantial amount of life insurance funds to an inmate, which all my family are aware of and support, also the person receiving is aware for obvious reasons.

Question 1.....
In our particular case (not in the same state as your friend) he would have monies taken out as deemed by the state he resides in, and it would be a lump sum no matter the amount bequeathed going into his accounts/books. BUT once restitution is made their will no longer be that debt, but the rest of the percentages will still stand. In our particular case their is no "tax free" monies allowed per annum as you put it in your first question. BUT i also have a friend in another state and NO monies are taken out, he receives 100% of monies given, so this would NOT apply to him as far as i know. The amount you are talking seems to be correct, given all i know of the percentages taken for some states and inmates.

Question 2....
The way i have gotten around this is left the money to a 3rd party to be handled for the inmate on an ongoing basis. But will be looking into it more throughly when i am over later this year, hoping to secure a better option as i know they are unable to hold accounts in the free world in their own name. Well in our case anyway from information received.

Question 3.....
I am clueless, SORRY, but i hope someone will have answers.

It does seem unfair at a glance, but i think we all need to pay our debts, and if restitution is part of that i believe it fair to be taken out in a lump sum. To be honest even though i don't agree on the percentage taken from some inmate accounts, where and when do you draw the line?
I know it is an extra burden on many families, because some want to see their loved one's have the basic needs and wants, visits to the doctors, dentist, hobbies, whether it's the gym, wood work or art work, little extra food, talk time, letter writing materials and stamps, personal hygiene products, care packages of food and clothing. Books to read, courses they want to take and participate in. Many programs are run by volunteers and community support, and most times it is those same loved one's that are putting their hand in their pocket. Not to mention visits and the cost of travel. That is not to say they cannot make it on their own, but as most of us know even a little goes a long way inside. Their are no winners when it comes to the prison system, especially for those left on the outside supporting and looking in. But i guess it just boils down to choices, no matter how harsh they seem.

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When you judge another, you do not define them, you define yourself.

Sorry wanted to add.....No edit button.....

That even if an inmate has a substantial amount of monies on their books, they still receive no monies from interest earned from what i have found out.

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When you judge another, you do not define them, you define yourself.

Smiley, thank you. I really appreciate your response and will take all your thoughts on board as I write my next letter to my PP. Will try and do a bit more research also, so will report anything new I find back here. *hugs*

Glad to share the little info i have Cushla

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When you judge another, you do not define them, you define yourself.