Do I still have to pay restitution to a victim’s estate if the victim died?

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Do I still have to pay restitution to a victim’s estate if the victim died?

I am paying restitution for a financial crime against a person ( I am alsoI on probation). My victim died a few months ago. Am I done paying or, do I have to pay the adult children? The children were not involved in the case, just the victim’s name is on the papers.

Asked on May 17, 2011 under Criminal Law, Minnesota

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The general rule is that restitution is ordered as a condition of probation.  If restitution is not successfully completed, your probation may be violated, which may result in you being sent to jail to complete a portion, or all, of your suspended sentence.  Therefore, this is not something that you should guess at.  I suggest that you contact your probation officer and find out how they want you to deal with this situation.  If they say that the restitution obligation terminated with the victim's death, get that statement in writing.  My guess, however, is that you will be obligated to continue paying to the estate.  In any event, however, you should be certain due to the fact that your liberty is potentially at stake.  


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