This advice column discusses a person that has a brother who owes $300,000 to their mother as part of restitution for a theft that he committed against his parents in the past. The person, known as G.S. from Ohio, wanted to know if his brother would still be obligated to pay the remaining balance of his debt to the estate. The columnist, Quentin Fottrel, pointed out that the answer would depend on the individual circumstances surrounding the case. In many cases the obligation to pay restitution does not go away when the person that is owed restitution dies. Whether a person actually does pay restitution often depends on their ability to pay. It is a good idea to speak to an estate attorney or prosecutor if any of these issues ever come up.
See Quentin Fottrel, Will my brother’s $300,000 debt to our mother die with her?, Market Watch, October 5, 2015.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
