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.

__________________
If you are compassionate in your approach to all tasks in life, believing that all "problems" contain valuable lessons, you will find peace of mind.
~Dr. Lee Jampolsky

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.

__________________
If you are compassionate in your approach to all tasks in life, believing that all "problems" contain valuable lessons, you will find peace of mind.
~Dr. Lee Jampolsky

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

__________________
If you are compassionate in your approach to all tasks in life, believing that all "problems" contain valuable lessons, you will find peace of mind.
~Dr. Lee Jampolsky

Hetre is some info that was sent to me. I kept it, just in case I ever need it.......


http://www.correcti ons.com/links/ link/36018
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WHAT YOU NEED TO KNOW WHEN (BEFORE)
AN INMATE DIES IN PRISON OR WHEN RELEASED

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All deaths in custody are a concern to The Wrongful Death & Injury Institute. When family members are notified by the Department of Corrections of an inmate death, it's essential that families understand what authority they have with respect to all issues surrounding the deceased inmate's body and his/her personal belongings. All too often prison deaths are swept under the rug by the state Departments of Correction. This practice is widespread in order to prevent information from being leaked to families or to the public. As a result, poor, biased and ineffectual death investigation results with no recourse by family members. Evidence is often lost or destroyed by the Departments of Correction or healthcare providers that would support questionable practices, policies and procedures. The Wrongful Death & Injury Institute monitors inmate deaths. We have three goals
Enhance family awareness and consult with families regarding key documents that should and should not be in place for the benefit of the inmate.
To consult with and guide families who must make 'quick' decisions when dealing with the State departments of correction.
Research death investigation practices within the State Departments of Correction as well as, the State Medical Examiner systems as contract vendors.
It's absolutely crucial that families realize and understand:
Their authority regarding the control of the deceased inmate's body.
The scope of authority by State departments of correction upon an inmate's death---that is, where it stops and where the family's begins.
The issue of funeral home liability.
The issue of second autopsies.
The issue of the inmate's personal belongings.
What to state to the department of corrections in your conversations with them regarding the inmate's death.
It is vital that families understand the steps that need to be taken immediately when notified of an inmate death. The Wrongful Death Institute & Injury Institute's consulting services provide much needed information and guidance regarding inmate deaths, investigation of those deaths, state autopsies and second (forensic) autopsies. If you have been notified of an inmate death or death is imminent for an inmate there are specific issues you must address. There are specific questions you need to ask. There are certain things that you should and should not do. Following is key information you initially must have to insure evidence and procedures are in your control. This partial list is provided only to insure family control of the deceased's body. We then encourage you to contact us immediately. Do not agree to allow the Department of Corrections to "take care of the inmate's funeral arrangements". This is a tactic that is used on families that do not have the finances to bury their loved one. Inmate deaths are often sudden and unexpected. Funerals are expensive. State departments of correction are fully aware of this fact. If the department of corrections offers to handle the funeral arrangements for you, say no. Their offer is not out of concern or due to a charitable event. There is a hidden agenda in their offering to do so. Specifically:
If you allow the department of corrections to handle the funeral arrangements, if you sign a cremation order or a burial order, you automatically lose all rights to the deceased's body. It will now be in the control of the department of corrections.
The inmate's correctional and medical records, their personal belongings and effects will also be the property of the State department of corrections. You have no right to have them.
You will not be allowed to bury your loved one.
You will not be allowed to know where the department of corrections buries him/her. You will never be able to visit their grave because you will not be told where it is.
It is important that you contact The Wrongful Death & Injury Institute for guidance and information when notified of an inmate's death. What you don't know could very well prevent you from ever knowing key information. email: Wrongful Death & Injury Institute



God grants us the beauty ofthis earth so love it enjoy itrespect it and help keep it clean,In loving memory of Roger Keith OnstadBorn: August 30, 1947Died: July 6 2002Do to poor medical care while in Prison in South Dakota Cheryl L. Onstad


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Nomi thanks for posting the added info. Unfortunately since i posted i have found out first hand how one State in particular operates when dealing with this subject.

__________________
If you are compassionate in your approach to all tasks in life, believing that all "problems" contain valuable lessons, you will find peace of mind.
~Dr. Lee Jampolsky

You are most welcome. I carry a small amount of insurance on my sister. Her health is so poor, I never know when she might pass away. Noone has money for helping her, and so I feel the need to carry some. She has been thru a torturish 10 years or more. I have planned if she should die, to have her cremated(have to bring her back to my area first)and place a container with her ashes with our mother. Despite the horrible tragedy she loved both parents. I found out the place our family has burial plots...they will allow a person who is cremated, to be "buried" with a family member, in a closed container. I hate to think of losing my sister, but one never knows what might happen next. I have already told the Warden, if she should die, I want her brought back here......I hope the info I gave is a help...I was very glad to find it......Nomi.....