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  1. #1
    Join Date
    May 2006
    Posts
    15

    Default Collecting Support Arrearage After the Death of a Parent

    My oldest Daughter 13, I refer to her as my oldest as I have been with her since she was 3. She has a dead beat dad who paid child support off and on. His parents died and he was set to get an inheritance. We took him to court and they awarded the judgment to us of everything he was behind off what he was getting. This has already been ruled on and we chould have the check by july. Now the events have changed and are sad now. He died the other day in a tragic motorcycle accident. He did not get any distributions as of yet from the will. What will this do to our current judgment that is in place that has not been cut as of yet. I am not that money hungry but I am sure she will need some counseling to get through this and I am not in a position at this time to pay for it.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,638

    Default Re: Collecting Support Arrearage After the Death of a Parent

    If an estate has been opened, you can make a claim against his estate for the amount of the judgment. (It isn't clear what, if any, assets are in his estate.) Also, your daughter may be eligible to inherit part of any estate he has under either a will, the laws of intestate succession, or other estate laws of your state.

    Often an inheritance will pass to the surviving children of an heir, so it is possible that your daughter may be eligible to receive funds from her grandparent's estate.

    I suggest that you consult a lawyer who handles estate administration (probate) matters in the state(s) where the father and his parents lived, so you can determine your and your daughter's rights with certainty, and so that you can avoid any mistakes or misconduct which might cost you or her money to which you are entitled.

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