QUESTION
Can I recover the child support and can our children inherit his estate or part of it?
Asked on May 05th, 2013 on Estate Planning - Utah
More details to this question:
My ex husband just passed away and I have the only will, it is authentic, in his handwriting and witnessed by 3 people. My ex owed me $20,000+ in back child support. He has only 2 children which are ours and a stepson. He may have a wife. She called herself his girlfriend and she lives in the house he inherited from his father. I want to know if I can recover the child support and if our children can inherent his estate or part of. In the will, he left me everything he owned, but we were divorced.
14 ANSWERS
It sounds like you have a good case and should hire a probate lawyer to help you. You should file the will, and apply to be the executrix or personal representative. You also should file a creditor's claim for the back child support.
Answered on May 08th, 2013 at 6:37 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are advised to obtain a probate lawyer to file a petition in probate court to have you appointed administrator, and to administer the will; you are obligated to file the will with the court. You may have a right to file your own creditor claim for the back child support in the estate action as well as obtain the estate for your children. Be prepared for some litigation in this matter, as this could get messy, but don't delay.
Answered on May 08th, 2013 at 5:29 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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File a claim in the estate; the child support (don't forget interest) will be a high-priority claim in the estate.
Answered on May 08th, 2013 at 4:20 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Contact an attorney IMMEDIATELY but you should be able to get either the $20K he owes you (from the proceeds of the sale of the house) or the house and potentially both this is too complicated for an easy answer.
Answered on May 08th, 2013 at 3:31 AM
Thomas Edward Gates
The first question is whether the will was created after the divorce. The second is, is it his girlfriend or wife? His estate will be the one liable to his creditors, you as one. If you have received any assistance from the state, the state can place a lien on the estate. If the will is valid, then the terms must be followed with regard to beneficiaries. If your ex left you everything, then the kids do not get anything. If the will is not valid, the the children would stand to get something. However, if he has a wife and the will is not valid, she would share the estate with the children.
Answered on May 08th, 2013 at 2:43 AM
You can consider a claim against his estate for the unpaid child support and your children can consider a claim as his surviving children depending on the terms of his Will and whether the Will is valid. your best option is to consult with an attorney who specializes in estate matters.
Answered on May 08th, 2013 at 2:23 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Submit the will for probate. You will probably have to suggest somebody else be the personal representative, but the court might let you do it. You file a claim against the estate for the back child support. You get girl friend prove she is a wife by providing a marriage certificate. If she is not, then she gets squat. If she is, she may have some rights in the property. I suggest you contact an attorney and help them work it through for your.
Answered on May 08th, 2013 at 2:22 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The Will was cancelled by your divorce, unless he signed a new Will afterwards. Your children might be in line for an inheritance and you might have a valid claim against the estate for your child support, but there is not enough information provided to determine this. You probably do not have this information, at this time. I would suggest you contact a probate attorney to help you investigate further and determine how to proceed.
Answered on May 08th, 2013 at 2:20 AM
3 Awards
You have a creditors claim for back child support and need to file a claim against the estate. Under Nevada law, the Will, as to you, is revoked upon divorce, unless he made that Will after you were divorced. The big issue is if he is married to his girlfriend. As mother to his two minor children, you may have standing to be appointed to serve as his estate Personal Representative. You mention a step child. Step children have no intestate rights and are not able to inherit in Nevada via the intestate law. The step child may specifically named in a Will and inherit. You should speak with an attorney in the State where your ex-husband died to determine next steps. Best of luck to you.
Answered on May 08th, 2013 at 2:11 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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The back child support and the children's inheritance are two separate issues. Yes, you can file a claim against his estate for back child support. The provisions for you in the Will are revoked, but what does the Will say after that? I suggest you contact a probate attorney ASAP to review the whole situation.
Answered on May 08th, 2013 at 2:10 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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There is an order of preference for debts of the estate so anything that has priority will be paid first then the child support arrears.
Answered on May 08th, 2013 at 2:10 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Under laws of the state of Michigan, a will which was made prior to a divorce is invalidated to the extent of bequests made it to the now ex wife. Other portions of the well however may be valid and enforceable depending on the circumstances. I would suggest you see an attorney immediately. There is little question that you most probably have a claim against his estate for past due child sport, and, unless there is some provision and will to the contrary your children, together with their half sibling should potentially inherit anything which might remain. As always, the devil is in the details, and therefore you should be seeking counsel as quickly as possible.
Answered on May 08th, 2013 at 2:09 AM
Consult with an attorney to review the will and divorce judgment. Also, any claims for child support against the estate and rights of his children.
Answered on May 08th, 2013 at 2:09 AM
A person's debts are considered to be part of the estate for probate purposes, including child support debts. You should hire a probate attorney and give him or her the will. The attorney will notice everyone who might inherit the will and post a public notice as well; if no one comes forward with a more recent will, the one you possess will be considered as your ex-husband's last will, even though you are divorced now.
Answered on May 06th, 2013 at 5:02 PM