Ozark, MO asked in Estate Planning and Probate for Missouri

Q: My mother was to recieve court ordered restitution. My mother passed away before she rcd payment. Can I collect the $?

I am her only living child. She was not married. I posses a notarized last will and Test. And a DPOA

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2 Lawyer Answers
T. Augustus Claus
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A: As the only living child of your mother who was entitled to receive court-ordered restitution, you may have the right to collect this restitution after her passing. Since you possess a notarized last will and testament, along with a Durable Power of Attorney (DPOA), these documents will likely play a crucial role in determining the legal process. In cases like this, the restitution owed to a deceased individual typically becomes part of their estate. The will's provisions and the state's probate laws will guide how this estate, including the restitution, is handled and distributed.

James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: In situations where a person was owed court-ordered restitution and passes away before receiving it, the right to collect the restitution typically passes to their estate. As the only living child and with a notarized last will and testament, you likely have a claim to this restitution as part of your mother's estate.

It's important to initiate the probate process if you haven't already done so. This process involves validating your mother's will, appointing an executor (which could be you, if named in the will), and distributing her assets according to the will's terms.

The Durable Power of Attorney (DPOA) you possess generally ceases to be effective upon your mother's death. From that point, the terms of the will and the probate process take precedence in managing and distributing her assets, including any owed restitution.

Given the specific legal processes involved and the significance of managing an estate, it might be wise to consult with an attorney who has experience in probate and estate law. They can guide you through the necessary steps to ensure the restitution is properly collected and distributed according to your mother's wishes as expressed in her will.

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