There is not enough information given to answer your question. You can be an executor of a Will and not be entitled to any money from the estate. I would think that if you ARE entitled to money from the estate, then a claim could be made on those funds. You are going to need to have a lawyer assist you with the probate administration, anyway. I would explain the situation to your lawyer and see what can be done to shelter any funds you might be entitled to, if anything.
James Frederick
Kevin Lewis KingTrademark Application AttorneySan Francisco, CA ·
Being executor is irrelevant to whether any inheritance can be seized.
That said, a percentage of any income you receive (beyond that needed for living expenses) can be taken by the proper authorities to meet the restitutionary burden you owe. Why not just pay it? Why do you owe restitution in the first place? Why not use this inheritance windfall to correct whatever past wrong you committed? Does the restitution money go to someone who needs it? Clearly it goes to someone whom the government has decided it is OWED to. Why not wipe the slate clean and use your good fortune to atone for whatever it was that you owe restitution for.
Pay your debt.
Talk to local counsel.
The Trust terms might have spendthrift provisions that let you keep the funds in trust and avoid restitution.
State laws usually do allow creditors to pierce spendthrift provisions in trusts for necessities and child support.
It might be best to just pay the restititution off if you can so you can have a clean slate. Having a debt like that can be a real burden.