questions & answers

Question: MY mother is currently on hospice for liver cancer she is 71 I have a little brother that is in prison serving 45 years he has only been in there 13 years me and him are my mother's beneficiary when that time comes the check will be in both of our name's how would go about cashing and putting his part up or possibly sending it to him?

Answer:

You may need to have the checks written out separately in order to claim your half. Then whatever is owed to your brother should remain in a trust until he is released from prison. However in some cases it is dependent on what he is currently serving time for. Since he is the beneficiary of a will, trust or life insurance policy he may not be able to claim it. The funds may go directly to any victims or victim’s family as restitution, or may even go to the prison system in extreme cases. For further information on your particular situation it is recommended that you seek consultation from a lawyer.