Brittany L Deitch, ‘Estate to State: Pay-To-Stay Statutes and the Problematic Seizure of Inherited Property’, 95 University of Colorado Law Review (forthcoming 2024), available at SSRN (20 March 2023). Criminal law scholars and estates and trusts scholars do not usually travel in similar circles. They do not typically attend the same conferences or read each other’s work. With the exception of the slayer rule, criminal law might even seem irrelevant to estates and trusts law. Yet, Brittany Deitch’s eye-opening article, ‘Estate to State: Pay-To-Stay Statutes and the Problematic Seizure of Inherited Property’, illustrates how criminal law and inheritance law intersect to deny currently and formerly incarcerated individuals the ability to inherit, thereby magnifying the racial and economic inequalities created by either criminal law or inheritance law alone. Deitch’s article exposes the injustices of pay-to-stay laws – statutes that allow the government to seek reimbursement from currently or formerly incarcerated individuals for incarceration-related costs … (more)
[Solangel Maldonado, JOTWELL, 24 January 2024]
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