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    sweetp01's Avatar
    sweetp01 Posts: 1, Reputation: 1
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    #1

    Mar 11, 2011, 10:30 PM
    Child support owed by deceased parent?
    Am I entitled to land that was owned by my deceased father due to back child support
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 12, 2011, 08:01 AM

    No - UNLESS there is a judgment against him.

    Is there?
    bigbrew82's Avatar
    bigbrew82 Posts: 11, Reputation: 0
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    #3

    Mar 27, 2011, 05:57 PM
    Not at all you would have to claim against the estate
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Mar 28, 2011, 04:09 AM
    Quote Originally Posted by Fr_Chuck View Post
    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.
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