View Full Version : Child support FROM a deceased parents estate
joicey
Sep 15, 2010, 01:07 AM
Can a custodial parent of a minor child get child support from a deceased parents estate or does the Social Security benefit cover that?
My husbands ex wife died recently and he now has custody of his 15 year old daughter. Can he get child support from her substantial estate?
ScottGem
Sep 15, 2010, 04:09 AM
This is an interesting question. If no support order was ever entered into it might be deemed that the estate doesn't owe anything. On the other hand, the child would inherit and the father might be appointed trustee and may be able to use some of those funds for support. Or an annuity might be set up to pay support until she reaches 18.
I would certainly consult a Family Law attorney on this. Such an attorney can better advise the possibilities of this. It will probably vary according to local laws as well.