Collecting child support, deceased parent.

[lisaincharlotte]

What is the name of your state? NC

I am a single mother to an almost 17-year-old daughter. We have not seen her father since she was 5. He owes her around 41K in back child support. I have attempted to collect before but he was not able to be located. I was about to try again and received news today that he passed away last night. What are my options and what rights does she have to any estate he might possess? His last known residence is in TN.

Thank you in advance.

[moburkes]

What is the name of your state? NC

I am a single mother to an almost 17-year-old daughter. We have not seen her father since she was 5. He owes her around 41K in back child support. I have attempted to collect before but he was not able to be located. I was about to try again and received news today that he passed away last night. What are my options and what rights does she have to any estate he might possess? His last known residence is in TN.

Thank you in advance.

She doesn't necessarily have any rights to his estate. You can speak to a TN attorney, though, for a free consultation by phone. His estate has creditors, and you might become one of them, but not unless you get an attorney.

By the way - he doesn't owe HER child support. He owes it to you.

[lisaincharlotte]

But I understand that the court judgment is in my name. I would think that as his child, she would have every right to her father's estate. He certainly has not given her anything else in her life. Thanks for your suggestion.

[moburkes]

But I understand that the court judgment is in my name. I would think that as his child, she would have every right to her father's estate. He certainly has not given her anything else in her life. Thanks for your suggestion.

Honey, a creditor comes before an inheritance. Bills need to be paid first. He might not even HAVE an estate. He might have assets worth $10k and debts worth $11k or $100k. Those debts are paid first. However, you will need to file a claim first.

[nextwife]

Also, be advised that life insurance is NOT normally part of one's estate, nor is any jointly held real estate or bank accounts that are titled so that the co-owner becomes full owner at death. IRAs and 401ks pass to the named beneficiary outside probate. If he died in a car accident or other accident in which HE may have had liability (DUI, for example), there may also be other legal action against his estate. If he was ill or hospitalized for an extended period, there may also be huge medical bills/care bills against the estate. And burial expenses.

IF he has assets in his estate, a claim can be made. If he died intestate, daughter is entitled to her intestate share of the remaining estate. If she was named in a will, same thing.

[lisaincharlotte]

I am just trying to help her.

[LdiJ]

I am just trying to help her.

And I applaud you for doing that. However, unless you have reason to believe that he had any real property/assets (and he was not remarried) then you may be throwing good money after bad to try to do anything.

You can certainly inform the CSE that he is deceased and that there may be and estate to tap.

[fedupinIL]

You may want to also check with Social Security because I think she would be entitled to death benefits as well.

The child support arrearage issue is a good question and I think I should do some research on that as well!

[LdiJ]

You may want to also check with Social Security because I think she would be entitled to death benefits as well.

The child support arrearage issue is a good question and I think I should do some research on that as well!

She would, but since she is 17 they won't last for long.