When an incarcerated person inherits assets in California.

When an incarcerated person inherits assets in California.

What issues arise when an incarcerated person inherits assets in California?  A prisoner may inherit as a decedent’s heir (i.e., no estate planning) or as a beneficiary to the decedent’s estate planning (will, trust, or death beneficiary). Major issues include (1) how will the prisoner’s legal interests be represented; (2) is the inheritance subject to victims’ restitution claims, and (3) how are the inherited assets managed while the prisoner i…