[WSBAPT] criminal restitution

[Philip N. Jones]

A colleague of mine has an Oregon probate for a decedent whose daughter was criminally convicted of various financial abuse crimes and ordered to pay restitution to the decedent (who was then alive) through a Washington superior court.  The decedent has now died, and we are trying to determine if the unpaid balance of the restitution is an Oregon probate asset that could be offset against the daughter's inheritance.  The situation is complicated by a statute that prohibits her from inheriting, so her share of the estate will pass to her adult children.  If we offset the restitution debt against her share of the inheritance passing to her children, then she will end up getting benefit (debt relief) from her father's estate.  So we are thinking that the estate will be divided among the family members other than the daughter, and the daughter will still owe the debt, which will be assigned to the other family members as part of their inheritance.
If any of you have thoughts (or cites) pertaining to this weird situation, please let me know, either online or offline.
Thank you,
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

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