Legal Question in Wills and Trusts in Illinois
my brother is serving 40 years for murder and robbery in the state of illinois and a relative wants to include him in their will. Will he have to give his inheritance to the the state to pay for his upkeep during his incaceration which he is currently appealing, or can he recievehis inheritancefree and clear?
2 Answers from Attorneys
State may impose a lien on any non-exempt property including prison upkeep
costs charged to inmates.
If it is the wish of your relative to make funds available for your brother, a much better way to go than leaving him money or other property in the will would be to appoint a trustee to distribute funds out of the trust at the discretion of the trustee (this means your brother would have no control over the funds, and if the trust is set up properly, the state couldn't take the funds because they don't belong to your brother).
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