Claim of Back Child support stopped Probate from proceeding.

[JMPUSMCRet]

What is the name of your state (only U.S. law)? I'm in California, the question pertains to North Dakota.
My step father(SF) passed suddenly ,F. U. Cancer, didn't have a will, my mother was told that the process has been halted by a claim of owed child support, although all the previous back child support claims the she was able to get from my SF's ex say case closed, the probate lawyer says she will not release any of the probate documents until this new claim is settled. Does this sound correct? Could this be a tactic to keep my mother from receiving what little my SF intended her to have, like mineral rights oil checks, one land property, and some other real property vehicles as well as tools. She was told that she can't recieve the money till she pays money. I think the whole thing sounds wrong, how can a ex file a new claim for child support for children that are actually in the 30's and up. Plus this child support was filed after he passed not before.

 

[Just Blue]

What is the name of your state (only U.S. law)? I'm in California, the question pertains to North Dakota.
My step father(SF) passed suddenly ,F. U. Cancer, didn't have a will, my mother was told that the process has been halted by a claim of owed child support, although all the previous back child support claims the she was able to get from my SF's ex say case closed, the probate lawyer says she will not release any of the probate documents until this new claim is settled. Does this sound correct? Could this be a tactic to keep my mother from receiving what little my SF intended her to have, like mineral rights oil checks, one land property, and some other real property vehicles as well as tools. She was told that she can't recieve the money till she pays money. I think the whole thing sounds wrong, how can a ex file a new claim for child support for children that are actually in the 30's and up. Plus this child support was filed after he passed not before.

Please define the bolded. Unless what you posted means what I think it means...In that case you are violating the TOS.

 

[Dandy Don]

Please delete the F.U. from your posting by hitting the EDIT button at the bottom of your reply after you have logged in again.

Get a second opinion about this from a North Dakota probate attorney. It does sound suspicious--it should not stop probate--probate should proceed so that the other assets can be handled and the child support claim is just something else to be dealt with. Maybe the attorney was implying that she would not be willing to take the case until she has been paid for her services upfront, so if that is the case, one can certainly understand her reasoning. Add how much the estate is worth--does the child support claim exceed that amount?

 

[Ohiogal]

What is the name of your state (only U.S. law)? I'm in California, the question pertains to North Dakota.
My step father(SF) passed suddenly ,F. U. Cancer, didn't have a will, my mother was told that the process has been halted by a claim of owed child support, although all the previous back child support claims the she was able to get from my SF's ex say case closed, the probate lawyer says she will not release any of the probate documents until this new claim is settled. Does this sound correct? Could this be a tactic to keep my mother from receiving what little my SF intended her to have, like mineral rights oil checks, one land property, and some other real property vehicles as well as tools. She was told that she can't recieve the money till she pays money. I think the whole thing sounds wrong, how can a ex file a new claim for child support for children that are actually in the 30's and up. Plus this child support was filed after he passed not before.

This is OWED child support. That never goes away. CSEA may very well have stopped collections but that does not mean the money is not due and owing to the mother of your stepfather's children. So this is NOT a new claim for child support. This is a claim of arrearages. The child support case could be closed and still have an amount due and owing.

The mother of the children is making a claim for the arrearages against the estate. Your mother is NOT entitled to much if your stepfather was a deadbeat dad and didn't support his children. Child support arrearages NEVER go away.

 

[tranquility]

If a claim has been properly made, it is up to the executor to determine if it is valid. (With court approval.) If the executor pays it, the claim is extinguished and probate can proceed. If the executor does not, he puts the money distributed at risk to be clawed back for payment if the creditor proves up the debt. If the money does not come back for any reason (Or, no reason.), the executor is in breach of his duties and the money can be gotten from him. Often with a multiple for damages.

No sane executor will release funds if there are any large outstanding claims out there that may or may not be valid.