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  1. #1
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    Jan 2020
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    Default New Mexico MSA Obligations to Estate

    My question involves a marriage in the state of: New Mexico

    Is it difficult to enforce an MSA after death in regards to child support (tuition, living expenses, etc) for adult children defined in the MSA?

  2. #2
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    Default Re: New Mexico MSA Obligations to Estate

    After death of whom? If it's the one who is providing the support, and there is an obligation after death, you make the claim to the probate process.

  3. #3
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    Oct 2014
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    Default Re: New Mexico MSA Obligations to Estate

    Quote Quoting Fae
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    My question involves a marriage in the state of: New Mexico

    Is it difficult to enforce an MSA after death in regards to child support (tuition, living expenses, etc) for adult children defined in the MSA?
    The other spouse who is due those support expenses in the marital separation agreement may file the necessary proofs of claim with the executor of the estate or trustee of any trust the deceased left. Note that the kids generally could not do that since they were not parties to the agreement. Note too that generally such obligations end when the obligor dies other than unpaid arrears that had already accumulated. The surviving party to the agreement would want to take it to a probate attorney to see exactly what needs to be done and what the party can expect to get.

  4. #4
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    Jan 2020
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    Default Re: New Mexico MSA Obligations to Estate

    My apologies for not providing enough information. My sister is deceased and the MSA she had provided for living expenses and tuition for her college age children in addition to rents on a home, that should all now be part of her estate, of which her children are now beneficiaries. I am asking if that can be enforced. The MSA says it remains in affect after death.

  5. #5
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    Jul 2018
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    Default Re: New Mexico MSA Obligations to Estate

    One would need to read the MSA. Also, the payee under the MSA is likely your sister's ex-spouse. Is he interested in making a claim against the estate? If the children are the only beneficiaries of the estate, it may ultimately be pointless for him to do so.

  6. #6
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    Jan 2020
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    Default Re: New Mexico MSA Obligations to Estate

    My sister's ex-spouse is the one in the MSA obligated to cover those expenses for the children, and to pay rent on the property he was and is living in with the minor child. He has said that he no longer feels he needs to follow the MSA since my sister's death. It is one of the children who is requesting he follow the MSA.

  7. #7
    Join Date
    Jul 2018
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    Default Re: New Mexico MSA Obligations to Estate

    Quote Quoting Fae
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    My sister's ex-spouse is the one in the MSA obligated to cover those expenses for the children, and to pay rent on the property he was and is living in with the minor child. He has said that he no longer feels he needs to follow the MSA since my sister's death. It is one of the children who is requesting he follow the MSA.
    As previously indicated, one would need to read the MSA to determine what obligations, if any, continue to exist following your sister's death. Any person who claims to be a beneficiary under the MSA may have standing to enforce it.

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