Child Support After Death

[Yaka Soy]

What is the name of your state? California

I am 23 years old and my father passed away three days ago. Money, belongings and assets dont matter at a time like this. I loved my father, but I need to make sure what will happen is supposed to happen. I have a 13 year old half sister. My father owed child support in California as well as Arizona. We have learned that he had a $15,000 life insurance policy and $14,000 in profit sharing at his place of employment.

My question is, what happens to that $29,000? Does any of it go to the state for child support? Or does it get split straight up between my sister and I?

Any help somebody could offer would be greatly appreciated.
Thank you.

y.S.

 

[LdiJ]

What is the name of your state? California

I am 23 years old and my father passed away three days ago. Money, belongings and assets dont matter at a time like this. I loved my father, but I need to make sure what will happen is supposed to happen. I have a 13 year old half sister. My father owed child support in California as well as Arizona. We have learned that he had a $15,000 life insurance policy and $14,000 in profit sharing at his place of employment.

My question is, what happens to that $29,000? Does any of it go to the state for child support? Or does it get split straight up between my sister and I?

Any help somebody could offer would be greatly appreciated.
Thank you.

y.S.

You should probably take your questions to the wills and estates forum. However a simplistic answer is that the insurance policy will go to whomever your father named as his beneficiary. If his profit sharing account names a beneficiary then it will also go to that beneficiary. Otherwise it would go to his estate and and after debts etc. are paid the balance of the estate would go to his legal heirs if he does not have a will specifying otherwise. Child support arrearages ARE a debt, therefore his estate can be attached for those arrearages.

 

[rmet4nzkx]

His estate will have to be probated, depending on the assets as Ldij explained, there may be a distribution depending on if he has a will, if he was married, debts, pension plans? Also, because your sister is under the age of 18, there will be social security survivor's benefits for her, which do not replace past due child support, but represent future support. The past due child support goes to the parent, not the child.

 

[BelizeBreeze]

The Life Insurance payout is outside of Probate and will be distributed to the beneficiary listed on the policy. The profit sharing, depending on the exact wording of the contract, will be probated and distributed according to a will or statutory succession if probated intestate.

In no case will the entire estate be distributed to pay off any arrears completely.

 

[Yaka Soy]

Muchas Gracias

Thank you all very much.

y.S.