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| Member | 
 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? | ||
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| Member | 
 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. | |||
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| Member | 
 Ken is right, as always.  That is the way to do it.  Might notify any potential heirs by posting notice of this hearing. | |||
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