Ask Experts Questions for FREE Help !
Ask
    nicholehelp's Avatar
    nicholehelp Posts: 3, Reputation: 1
    New Member
     
    #1

    Feb 13, 2014, 07:46 AM
    Estate claim
    My daughters father never paid any of his child support . Then June of 2012 he died leaving a home in his name and sisters. Is there a case to be made here. He also did qualify to leave any ssi to her..
    nicholehelp's Avatar
    nicholehelp Posts: 3, Reputation: 1
    New Member
     
    #2

    Feb 13, 2014, 07:47 AM
    He did not qualify to leave her ssi.
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
    Internet Research Expert
     
    #3

    Feb 13, 2014, 07:55 AM
    At the time you should have made a claim against the estate. That is so long as it was court ordered child support and he was in arrears of the support order. As far as the home it mostly depends on how it was titled and the laws of your state regaurding inheiritence. Those are the factors that influence what may or may not have to be passed along to his child/children.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,268, Reputation: 7689
    Expert
     
    #4

    Feb 13, 2014, 08:31 AM
    How old is the "child" now.

    If the child is now 40 and no suupport has been due in 22 years, there most likely is not case.

    If the child is 16 and support should be currently paying, there may be a claim.

    Each location has its rules to how many years back in collections you can go
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
     
    #5

    Feb 13, 2014, 10:32 AM
    When he died did he have a will, and is that how the title to the house passed to his sisters?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #6

    Feb 13, 2014, 12:16 PM
    Is there a case to be made here [?]
    Actually two:


    1. 1. By the custodial parent against the estate for unpaid child support up to the date of his death.
    2. 2. In behalf of the child or children, for some or all of the estate


    Whether these claims would have merit depends, as others have indicated, on a number of questions.
    Eupelia's Avatar
    Eupelia Posts: 5, Reputation: 1
    New Member
     
    #7

    Feb 14, 2014, 05:44 AM
    It depends on whether the child is a minor or not. Your best bet is to go to a court house legal aid room if she is a minor to file appropriate paperwork.

    Also, for your daughter's right to claim part of the estate to expire based on time since death, you would have to have to be served official notice of the probate proceedings from the trustee of the estate.

    If you received notice, waiting so long was a bad idea. Your daughter may have lost the right to fight the decision.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Feb 14, 2014, 05:55 AM
    Quote Originally Posted by nicholehelp View Post
    Then June of 2012 he died leaving a home in his name and sisters. .
    Are you saying the home was already in the name of himself and his sister's? If so, the home was probably titled as right of survivorship which means the home passed to the sisters outside the estate and your daughter would have no claim on it. Do you know if he had any other assets? Do you know if the estate was submitted to probate?
    nicholehelp's Avatar
    nicholehelp Posts: 3, Reputation: 1
    New Member
     
    #9

    Mar 17, 2014, 10:53 AM
    My daughter is 13.. I found out his father has the house now in his name . But at the time of the deceased (father) it was in his name .
    Ssi denied me of any benefits and Im still owed close to 30, 000 $ in child support..
    The house has always been a rental home . They were getting these payment s under his name but I was not getting childsupport..?. The house is in Tennessee , I live in Mississippi.
    I never received a letter on anything about his estate
    The only reason I found out he died was word of mouth. I did go to his funeral, he was cremated. He did not have a will. That I am aware of.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #10

    Mar 17, 2014, 11:00 AM
    Quote Originally Posted by nicholehelp View Post
    My daughter is 13.. I found out his father has the house now in his name . But at the time of the deceased (father) it was in his name .
    Ssi denied me of any benefits and Im still owed close to 30, 000 $ in child support..
    The house has always been a rental home . They were getting these payment s under his name but I was not getting childsupport..?. The house is in Tennessee , I live in Mississippi.
    I never received a letter on anything about his estate
    The only reason I found out he died was word of mouth. I did go to his funeral, he was cremated. He did not have a will. That I am aware of.
    You should immediately contact a Tennessee attorney to look into it.

    And check with the clerk of court for the county where he died and find out it his estate was probated (whether or not with a will).

    Something looks fishy here.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
    current pert
     
    #11

    Mar 17, 2014, 11:05 AM
    It sounds like you don't realize how much work it can be to get child support when a parent fails to pay, nor do you realize that there was a lot you could have saved money on by looking into while you were there, first by checking with the local probate court to see if there was an estate filed, and if there was a will. The court notifies those who are named in a will, and if no will, they try to get names and addresses of next of kin, including children. Now you have a lot to do, and it would be best if you could pay a lawyer (there) to do it.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #12

    Mar 17, 2014, 12:01 PM
    Quote Originally Posted by nicholehelp View Post
    My daughter is 13.. I found out his father has the house now in his name . But at the time of the deceased (father) it was in his name .
    Your pronouns are confusing. Did you mean to say HER father has the house now in his name? But her father is deceased so you need to find out whether the house is still in his name and how it was transferred. If his name is still on the house, you may be able to have the child support agency put a lien on the house and then sue whoever is collecting the rent to get child support out of the rent payments.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

How to claim my fathers estate? [ 3 Answers ]

My father passed on about three years ago, he split with my mother in 1998 and left her with me and my little brother, he was ordered by the court to pay maintenance but did not. My mother raised both my brother and I on her income and my father re married and had a baby girl with my step mom....

Estate claim for stepchildren [ 1 Answers ]

My birthfather is in Nigeria and gave up rights to me and my sisters when he and my mom divorced. My mom subsequently married my step-dad when we were 12, 14 & 16 years old. My stepdad raised us in his house both before they were legally amrried and of course afterwards. Our mom died a few years...

Making claim against estate [ 5 Answers ]

Why would an eligible person (adult child of deceased) wait to formalise their claim in NSW? This persons solicitor sent a letter to the executor in October last year advising they wished to make a claim but have not. The deceased passed away mid last year. No one I have spoken to can answer this...

Claim on a step parent's estate [ 1 Answers ]

I was wondering if anyone out there with experience in estate law could help me. Let me give a little background. My mother's birth father abandoned her before she was born. She was raised since the age of 1 by the person I consider my grandfather. Because her natural father refused to sign away...

Do I have any claim to grandmothers estate [ 6 Answers ]

My father died in January, 5 or 6 months prior to his death he received his part of his mothers' (my Grandmother) estate. His mother was never told he was dying, my grandfather died of the same thing as dad and we didn't think Grandma's health could take the blow. Since dad left his estate to his...


View more questions Search