Waiver of restitution to an estate

Asked 6 months ago - Spokane, WA

family member charged with 1st degree theft, not convicted yet, mother passed away,

Additional information

daughter was the one charged by the state, daughter and her son are only two people named as beneficiaries to the will. the mother that passed away had a legal guardian but the grandson does not want his mom to pay any restitution. guardianship will be revoked? and a PR appointed what can the grandson do

Attorney answers (2)

  1. Thuong-Tri Nguyen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Restitution is ordered when the alleged victim asks the court to order the convict to pay the victim. If the alleged victim does not ask for restitution, the court should not and has no reason to impose restitution.

    The person handling the mother's estate can approach either the prosecutor or the defense attorney and let those attorneys know that the estate is not looking for restitution.

  2. Lennard Anthony Nahajski

    Contributor Level 15

    Answered . Restitution is not ordered unless there is a criminal conviction. No conviction, no restitution.

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