BLACK FAMILY WEALTH MATTERS: Click here to learn how we are working to support you.
PROTEJA SU HOGAR Y SU FAMILIA - Se Habla Espanol. Haga clic aquí!
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • About Our Firm
    • Areas We Serve
      • Los Angeles County
        • Inglewood
        • Malibu
        • Santa Monica
        • Torrance
        • Venice
    • Pre Consultation Form
    • Attorney and Staff Profiles
      • Attorney Caprice Collins
      • Attorney Lioness Ebbay
    • Awards & Recognition
    • Giving Back
    • Our Reviews
    • Speaker Connection
    • Staff Events
  • Services
    • Asset & Business Planning
    • Estate And Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses
    • Financial Planning Assistance
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Medi-Cal and Elder Law
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
      • Trust Administration & Probate Definitions
  • EVENTS
  • Resources
    • Elder Law
      • Ladera Heights Elder Law
      • Los Angeles County Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Medi-Cal Planning Checklist
    • Estate Planning
      • Estate Planning Checkup
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning For Niches
        • Trust Administration
      • Estate Planning Definitions
      • Estate and Gift Tax Figures
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Free Seminars
    • Frequently Asked Questions
      • Business Succession Planning
      • Elder Law
        • Medi-Cal
        • Nursing Home Planning
        • Understanding Dementia
      • Estate Planning
        • Charitable Gifting
        • Estate Planning for Women
        • Frequently Asked Questions for Families Without an Estate Plan
        • LGBTQ Estate Planning
      • Financial Planning
        • Tax Planning in Your Estate Plan
      • Incapacity Planning
        • Veteran’s Benefits
      • Legacy Wealth Planning
      • Pet Planning
      • Power of Attorney
      • Probate
        • Serving as Executor
        • Small Estate Administration
      • Trust Administration & Probate
      • Trusts
        • Living Trusts
      • Understanding Estate Taxes and How They Impact Your Estate Plan
    • Legacy Wealth Planning Pre-Consultation Form
    • Newsletters
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Published Books
    • The Ultimate Caregiver Guide
    • Caregiver’s Worksheets and Checklists
  • Videos
  • Reviews
    • Our Reviews
    • Review Us
  • Women’s Planning
    • A Guide to Estate Planning for Women
    • Frequently Asked Questions
  • Trust Administration
  • Blog
  • Contact Us

Collins Law Group

Los Angeles Estate Planning Attorney

powered by BirdEye

Connect with us today(310) 677-9787

Attend a FREE Event
  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest
x

How to Protect Your Family In Case of Your Illness or Death

During our webinar, we discuss family home protection, avoiding nursing home poverty, preventing family feuds, protecting your kids' inheritance, and how you can keep the government out of your affairs.

Watch our webinar now
Home » Black Wealth » Don’t Let the State Take Your Child’s Inheritance Just Because They’ve Gone to Jail

Don’t Let the State Take Your Child’s Inheritance Just Because They’ve Gone to Jail

October 13, 2020Black Wealth, Black Family Wealth

Black Family Inheritances and Incarceration: What You Need to Know

Black Family Inheritances and Incarceration: What You Need to Know

As a parent, you undoubtedly never planned for your child to wind up incarcerated; however, living with a child in prison is a reality that some parents must face. African Americans face this reality at a disproportionately higher rate than other parents. As of July 2020, African Americans represent 38.2 percent of prisoners incarcerated by the Federal Bureau of Prisons yet they only represent about 13 percent of the American population. In 12 states more than half of the prison population is African American.  Along with the emotional toll it takes on a parent when a child is locked up, many parents are also faced with trying to continue to financially support their incarcerated children as well as the grandchildren left behind when a parent is sent to prison.

How Jail Affects the Family

The Black Lives Matter (BLM) movement has forced America to recognize the disparities that exist in the legal system. African Americans are arrested and imprisoned at a significantly higher rate than whites and Hispanics. This is especially true for African American men. In 2018, there were 2,272 inmates per 100,000 black men compared with 1,018 inmates per 100,000 Hispanic men and 392 inmates per 100,000 white men.

When a parent is imprisoned, children are left to be raised by a single parent, another family member, or placed into the foster care system. Not surprisingly, a child whose parent is incarcerated will often develop behavioral and emotional issues as well as suffer academically. For too many of these children, this perpetuates a viscious cycle that eventually leads to their own imprisonment.  For African Americans dealing with a child in prison, a family support system is crucial for both parents and children to help them cope with the situation.

Protect Your Child’s Inheritance Despite Jail

Parents often fail to include an incarcerated child as a beneficiary in a Will or trust based on the belief that the state will seek payment once the child is released from prison. That belief is not entirely accurate.

If you have a child who is incarcerated, a Living Trust prepared by an attorney can clearly state your wish to assets to that child once you pass away. Moreover, provisions within the trust agreement can protect the assets designated for your child despite your child having been to prison.

In California, Wills are required to be probated. Consequently, if you don’t have a Living Trust in place, your estate and your family will be forced to go through probate. That puts the gifts you intended for your child at risk because during probate the state can collect repayment if your child was once an inmate. A Living Trust that includes Special Protections is often the best way to prevent the state from taking your child’s inheritance.

If you have a family home or other assets that you want to pass down to your child who is (or was) incarcerated, creating a Living Trust may be the only way to protect the gifts you want your child to receive. Failing to plan for the legal obstacles that could get in the way of your child’s inheritance could prevent your child from having a fighting chance at rehabilitation and creating a better life after incarceration. Black family inheritances can be passed down generationally. Contact Collins Law Group to determine if a Living Trust is right for you and your family.

  • Author
  • Recent Posts
Caprice Collins
Caprice Collins
Attorney Caprice L. Collins is a top rated Harvard Law School graduate. She has 34 years of legal experience with a successful law practice devoted exclusively to Estate/Business Planning and Trust Administration. Attorney Collins is a well-respected keynote speaker on Wills, Living Trusts, Estate Planning, Business Planning and Trust Administration. She has appeared on California’s Real Estate Radio Station KTLK AM 1150 as a legal expert on Estate Planning and Living Trusts among many other notable media appearances.
Caprice Collins
Latest posts by Caprice Collins (see all)
  • Why Do We Need Estate Plans If We Do Not Plan to Have Children? - March 20, 2023
  • Using an Incentive Trust to Encourage a Beneficiary to Make Good Use of an Inheritance - March 17, 2023
  • How to Incorporate Asset Protection Strategies into Your Estate Plan - March 13, 2023

Other Articles You May Find Useful

Collins Law Group
Living Trust Protections for African Americans Against Medi-Cal Recovery
Collins Law Group
Why African Americans Must Protect their Homes
Collins Law Group
Gentrification and its Effects on the Black Community
Collins Law Group
Black Wealth: The Effects of White Families Accumulating More Wealth than Black Families

Primary Sidebar

Collins Law Group

Blog Subscription

Sign up to our blog to receive the latest estate planning news and updates!

  • This field is for validation purposes and should be left unchanged.

Our Attorneys

Attorney Caprice Collins

Get to Know Attorney Caprice Collins


Attorney Lioness Ebbay

Get to Know Attorney Lioness Ebbay

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest

Testimonials

Client Review
August 19, 2020
    

“My mother told me about the Collins Law Group and I must say, the entire experience has been a real pleasure. Although I was nervous at first, the Collins Law Group staff put me at ease with their friendliness and knowledge. I didn’t realize how hard it could be on your family and loved ones left behind if you die without any planning or directions in place for them. My biggest concern was making sure my elderly mother would be provided for and taken care of if something happened to me. I have been a caregiver for her for 12 years, so this planning was crucially important. I had previously made a living trust for myself on Legal Zoom but there is no comparison to the level of service and professionalism that Collins Law Group embodies. Attorney Collins and her staff provides excellent service and it will take a large burden off of my family when they need guidance at the time of my passing.”

default image
-Ms. Jones

Where We Are

Collins Law Group
3330 West Manchester Boulevard
Inglewood, CA 90305
Phone: (310) 677-9787
Fax: (310) 677-6742
Email: clcfirm@aol.com

See Larger Map Get Directions

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Map

Collins Law Group Google Map

Footer

  • About Our Firm
  • Advantages of Working With Our Firm
  • Services
  • Sitemap
  • Resources
  • Blog
  • Contact Us

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest
Collins Law Group footer logo

Attorney Advertisement

© 2023 American Academy of Estate Planning Attorneys, Inc.