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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102350
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Is incarcerated in California and will inherit approx

Customer Question

John is incarcerated in California and will inherit approx $20,000. His brother Joe is the administrator of the estate and also his POA. How can Joe open a bank account for John? And will the DOJ sieze John's money? Previous research has determined that there are no restitution claims pending.
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

If Joe holds the POA for John, then Joe should be able to open a bank account for John, but the POA has specifically include the right for Joe to do that. If the POA is too limited in scope, John can provide another POA for Joe specifically for that purpose. Most prisons have a notary or can help facilitate one so this is not unusual.

If the account is in John's name, and there is a restitution order, then the DOJ can and may seize John's account. But you state that there is no restitution claim.

To be safe, Joe may wish to establish an irrevocable trust for John, which would make seizure for restitution or a civil judgment harder.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 11 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!