united-states wills prison
Inmates and inheritances
<p>Someone dies and an indigent prison inmate is one of the heirs. The state has a statute that allows (or may even require) recovery of prison-related expenses (medical or otherwise) when the prisoner has access to assets.</p>

<ol>
<li>What are the ways the inmate can legally prevent prison recovery of the inheritance while still incarcerated and after release?</li>
</ol>

<p>Note: I realize the answer can vary by state, and at the moment am only trying to get a general idea of viable legal strategies. Simply disclaiming the inheritance seems too easy, For example, I think CA (not the state of interest), can pursue inmate assets up to two years after release.</p>

<ol start="2">
<li>What type of lawyer and legal specialty is required to competently handle this situation?</li>
</ol>

<p>It would depend on the state, but taking <a href="https://www.cga.ct.gov/2006/rpt/2006-R-0231.htm" rel="nofollow noreferrer">Connecticut</a> as an example, there is nothing legal that can be done. As they say</p>

<blockquote>
  <p>When a person who owes the state money for the cost of his
  incarceration inherits property or money, the state's claim is a lien
  against the inheritance for the total cost of his incarceration or 50%
  of the inheritance, whichever is less. There is no reduction in this
  amount. The probate court must accept any lien notice that DOC files
  and, to the extent the estate has not already been paid out, order the
  estate distributed accordingly. This provision applies to inheritances
  within 20 years of the person's release from incarceration.</p>
</blockquote>

<p><a href="http://www.aele.org/law/2008JBAPR/2008-4MLJ301.pdf" rel="nofollow noreferrer">This article</a> overviews legal strategies that have been used (and their associated cases), which have not been successful, as in this <a href="http://www.illinoiscourts.gov/Opinions/AppellateCourt/2006/5thDistrict/February/5050132.pdf" rel="nofollow noreferrer">Illinois case</a> of an inheritance that was paid to the state.</p>
