April 03, 2008, 09:05
Jeff SwainVictim dies, what do we do with the restitution?
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?
April 03, 2008, 14:21
Ken SparksI 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.
April 03, 2008, 15:31
Mark EdwardsKen is right, as always. That is the way to do it. Might notify any potential heirs by posting notice of this hearing.