Can the government take my husbands inheritance to satisfy my federal restitution?

Asked over 1 year ago - Fort Worth, TX

I have just been released on supervised release and I owe a large amount of money in federal restitution. While I was incarcerated this last year, my husband received a signing bonus for an oil lease on land that is part of an inheritance from a deceased uncle. Can the government try to attach or garnish any future funds he may get? Also, the lease happened early last year while I was incarcerated and I forgot all about it when I filled out the paperwork for my PO declaring assets for everyone in my home. Will this cause me a problem with my PO? I have asked these questions of my defense attorney, but he says he does not handle restitution issues. Any advice would be appreciated

Attorney answers (3)

  1. Adam Nelson Rieck

    Contributor Level 10

    2

    Lawyers agree

    Answered . There is probably a good chance that, if handled correctly, the proceeds of the lease can be protected from restitution. The land and royalties associated with it are separate property and should be able to be kept separate in a way that a restitution claim would fail. If you and your husband are just placing the royalty checks into a common account that you both use all the time, you could be unintentionally converting the royalty proceeds into community property (which would make it susceptible to your restitution claims. This only partially a criminal law matter, it might be better to talk to a competent domestic relations or estate attorney.

    The above comments are made by an attorney at The Rieck Law Firm (RLF). RLF offers free initial consultation to... more
  2. Douglas A. A'Hern

    Contributor Level 6

    2

    Lawyers agree

    Answered . Seperate property is usually not going to be touch, but income from sdeperate property might.

    Also, you stated that "the lease happened early last year while I was incarcerated and I forgot all about it when I filled out the paperwork for my PO declaring assets for everyone in my home."

    This IS a problem. Contact a criminal defense attorney immediately to address this issue

    douglas.ahern@hotmail.com 281-904-3797. This response should not be construed as legal advice. It is only intended... more
  3. Jeremy Brian Gordon

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . As the other commenters note, you really should speak with an attorney about this matter.

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