Quote:
Originally Posted by SamuraiJon
Sorry for your loss and RIP.
ianal but this is going to very state to state for intestate cases.
Jon, I think is a Federal case governed by Federal Laws and the DOJ. The state in which one lives should have no significance to the remissions process.
Quote:
Originally Posted by GrimeRat420
Any guesses what will happen with the funds in my friends account who has passed away since BF? (RIP). maybe if I could get his parents to provide a death certificate, they could pay them out instead of having the money in that account being gone forever?
With respect to this bigger question, I am not an expert in probate law and I have no actual personal experience with the subject in an actual remissions case, but I seem to recall that heirs or estates of victims, that were eligible for remission while alive, are not allowed to be substituted for the original victim. I believe this would be a subrogation inheritance as detailed in the regulation below. I am traveling and can't confirm, but as I recall the regulation below is controlling. I also recall an article in the NY Post about Madoff victims dying before payments were made and the heirs being left with no recourse. Maybe Skall or Gioco could chime in here and help out.
BTW, the part below about acquiring an ownership interest in the
forfeited property is different from inheriting "regular" property from an heir that owned the property. A "regular" victim, eligible for remission as a victim, does NOT have an ownership interest in forfeited property to use or pass on to heirs.
CODE OF FEDERAL REGULATIONS TITLE 28--JUDICIAL ADMINISTRATION
CHAPTER I--DEPARTMENT OF JUSTICE
PART 9--REGULATIONS GOVERNING THE REMISSION OR MITIGATION OF CIVIL AND CRIMINAL FORFEITURES
§ 9.2 Definitions
(v) The term victim means a person who has incurred a pecuniary loss as a direct result of the commission of the offense underlying a forfeiture. A drug user is not considered a victim of a drug trafficking offense under this definition.
A victim does not include one who acquires a right to sue the perpetrator of the criminal offense for any loss by assignment, subrogation inheritance, or otherwise from the actual victim, unless that person has acquired an actual ownership interest in the forfeited property.