Redan, GA Estate Planning Law Firms & Lawyers

The answer to whether the government can take the assets of a person who has been convicted of a crime depends on various factors. If the person was subject to a fine, or to an order requiring him to pay restitution, then yes, the government can likely take any assets he receives, including inherited ones. It may be possible for your father to protect the property he wants to leave to your brother by putting it into a trust for your brother, instead of leaving it to him outright. Your father will need to consult an experienced estate planning attorney in the state where he lives to see what his options may be. The attorney will need a lot of information about the crime, the conviction, and the punishment, as well as your father's situation in general, so it's not the sort of answer that can easily be given in a forum like this. It's also not a do-it-yourself project, so you dad should get some professional help.

In a community property state such as California, 100% of your community property is available to creditors for either of your debts as well as the separate property of the debtor. It does not matter whose name is on the account as any funds which originated from the money you earned from your job since you have been married is considered to be community property. The only way to protect up to half of the community property is to divide your assets into separate property via a transmutation agreement. However, the debtor spouse must receive at least 50% of the community property in order for the agreement to stand up to the creditors.

Most likely, no. The funeral home offers certain services. If it does not provide other services, it shouldn't generally be responsible for telling you about the existence of those other services.