Can US Probation/FLU put a lien on any inheritance i receive for my Federal Criminal Restitution?

Asked over 2 years ago - Seattle, WA

I have been off Federal Probation for 8 years and missed a few payments of my restitution and now for the last 3 years there has been a lien on my tax ID. I never receive a tax return which goes to pay my restitution. My mother just passed away and am afraid they will put a lien on my inheritance I am about to receive from her. For lack of a better phrase is any inheritance I will be receiving "fair game"?

Attorney answers (2)

  1. Robert David Richman

    Contributor Level 17

    3

    Lawyers agree

    1

    Answered . I believe they can come after any assets including your inheritance to pay the restitution. I believe you are on the hook for these payments for 20 years after your probation expires.

  2. Curtis Lamar Harrington Jr

    Contributor Level 20

    2

    Lawyers agree

    Answered . in 2010 they changed the law to make restitution an "ASSESSMENT" . I have heard from probationers who say "I've been keeping up with my restitution, what gives??!!!"

    Once the restitution owing becomes a tax assessment, the IRS automatically moves for accelleration.

    This is most often seen in taking of tax refunds.

    But, much might be based upon how it was left.

    House left to a trust? Trustee owns it and depending upon what the trust says, (spendthrift trust) it might be protected.

    Probate? When the estate tax return is filed it will alert IRS and they may communicate with the executor.

    There are no guarantees, but the only probability that cuts in your favor is the fact that from the IRS standpoint, they don't know what your mom did with the house. She could have left it to the ASPCA for all they know right now.

    Tread carefully. You didn't say if you had siblings or others who might take under will / intestacy.

    Just know that your restitution has turned into a regular tax assessment, and act accordingly.

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more

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