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Victim dies, what do we do with the restitution? Login/Join 
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I have a case with a defendant on probation who continues to make payments (imagine that!). My victim died & didn't have enough assets to make a probate case worthwhile for his elderly mother. Our judge wants us to file a suit putting the money currently in the account at probation + the right to receive future restitution payments into the registry of the court and getting a court order to set out who is to receive the payments. Anyone know what kind of case I should file?
 
Posts: 280 | Location: Weatherford, Texas | Registered: March 25, 2002Reply With QuoteReport This Post
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I do not believe that you have legal authority to file suit on behalf of the victim or her estate. The judge should simply conduct a hearing, hear evidence on the death, and amend the conditions of probation to have the payments go to the victim's mother. Much simpler.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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Ken is right, as always. That is the way to do it. Might notify any potential heirs by posting notice of this hearing.
 
Posts: 170 | Location: San Antonio, TX | Registered: May 31, 2002Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Victim dies, what do we do with the restitution?

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