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View Full Version : Child support owed by deceased parent?


sweetp01
Mar 11, 2011, 10:30 PM
Am I entitled to land that was owned by my deceased father due to back child support

JudyKayTee
Mar 12, 2011, 08:01 AM
No - UNLESS there is a judgment against him.

Is there?

bigbrew82
Mar 27, 2011, 05:57 PM
Not at all you would have to claim against the estate

Fr_Chuck
Mar 27, 2011, 06:03 PM
First you as the child do not have any claim at all.

Your mother would have a claim against the estate, and if the probate of the court honors the claim money or property from the estate would have to be used to cover the debt

JudyKayTee
Mar 28, 2011, 04:09 AM
First you as the child do not have any claim at all.

Your mother would have a claim against the estate, and if the probate of the court honors the claim money or property from the estate would have to be used to cover the debt



Depends on the State - in NY without a Judgment the Estate is not going to be forced to pay. The Probate Court in my area has taken the position that if the non-custodial parent didn't bother to pursue past-due support the Probate Court isn't going to either.

And, no, in any situation I can't see the Court handing over land. Liquidate, perhaps - if the debt is somehow acknowledged.

And FrChuck is right - the non-custodial parent has the claim, not the child.