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Is a gift subject to federal probationer's restitution?

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. Best answer

    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.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

  2. 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.

  3. 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.

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