QUESTION
What is a Bill in Equity (probate)? Franklin Co. Ohio. What are the chances of recovering back child support through this type of action?
Asked on Oct 10th, 2011 on Wills and Probate - Ohio
More details to this question:
Am owed 6k in back child support. Non custodial parent is sole heir to estate. Estate is open in probate court. Probate courts say I need to file a Bill in Equity to get back support from heir''s distribution of assetts. CSEA will not file this document because fees are involved. I do not live in county where estate is filed and will need to retain an attorney. Don''t want to owe more in fees then I can recover and court says the document must be filed by an attorney. Advice please.
1 ANSWER
Tonya Coles
By filing a bill in equity, you are making a claim against the inheritance. You are claiming that the executor of the estate should pay you what you are owed before (s)he pays any inheritance to the sole heir. Your chances of recovery depend on several factors, including (1) the amount of assets in the estate, (2) the amount of debts the estate must pay, and (3) any other claims filed against the inheritance that have a higher priority than yours. You should contact a probate attorney as soon as possible to discuss your situation, and to determine if filing a claim is in your best interest.
Tonya R. Coles, Attorney at Law625 City Park AvenueColumbus, Ohio 43206614.228.6600www.tonyacoles.comElder Law -- Estate Planning -- Probate
Answered on Oct 11th, 2011 at 11:10 AM