Is a gift subject to federal probationer's restitution?

Asked about 1 year ago - Long Beach, CA

If I am on federal supervised release and owe restitution and my grandmother gifts me her home is this subject to my restitution?

Attorney answers (3)

  1. Anthony Michael Solis

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    Contributor Level 20

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    Answered . Almost certainly if you acquire that home by gift, it can be subject to attachment. You should have your grandmother think of an alternative like an irrevocable trust where you are the beneficiary or something like that.

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  2. Greg Thomas Hill

    Contributor Level 20

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    Answered . Absolutely. If you believe you are about to receive such an asset, talk to an accountant about how your grandmother can transfer the asset without it coming under your name and the federal government attaching its siphon. An experienced accountant will be more familiar with this issue than any attorney, except perhaps a much more expensive income tax attorney.

  3. Sharon Paris Babakhan

    Contributor Level 15

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    Answered . Yes any assets you own could be subject to restitution. That doesn't mean they would take it from you so long as you make your payments you'll be fine.

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