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Inheritance

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C

crisper

Guest
What is the name of your state?CA

My ex-husband lives in Montana. His parents unfortunately are no longer alive and before his parents died, he was left his parents house in their will. Since leaving us, he has accrued over $50,000 in back child support for our child. The DA's office has put a lien on him since filling with our county office here in California before he moved out of state. Being that he's moved now, though, I don't know how the laws in Montana can affect my child from getting any money from the inheritance of this home he now has. We could absolutely use this money for our child's college fund. Is this an issue that the DA's office will end up taking care of since a lien is already in place or is this something that I would have to take to court myself on? I am unclear as to what options, if any, I have?
 


VeronicaGia

Senior Member
crisper said:
What is the name of your state?CA

My ex-husband lives in Montana. His parents unfortunately are no longer alive and before his parents died, he was left his parents house in their will. Since leaving us, he has accrued over $50,000 in back child support for our child. The DA's office has put a lien on him since filling with our county office here in California before he moved out of state. Being that he's moved now, though, I don't know how the laws in Montana can affect my child from getting any money from the inheritance of this home he now has. We could absolutely use this money for our child's college fund. Is this an issue that the DA's office will end up taking care of since a lien is already in place or is this something that I would have to take to court myself on? I am unclear as to what options, if any, I have?
The DA couldn't put a lein on him, the DA would have to have placed a lein on his property. So, did the DA place a lein on the Montana property?

Realize that if he never sells the property, you'll never see the money. Or, if he doesn't pay the mortgage (if there is one) and the mortgage company forecloses on the house, or if he doesn't pay the property taxes and the county takes the house, you still may never see the money.

You will also need to find out about Montana inheritance law and Montana homestead law. Unfortunately, I don't know either, but you should be able to find it online.
 

nextwife

Senior Member
Additionally, if he financed or refinanced the property prior to the lien filing (to pay off bills, or start a business or whatever), your lien comes after the mortgage. And depending on the property value, and any other prior liens, there might not even be $50,000 in equity.
 
C

crisper

Guest
So the it's a "loophole" in a sense? I say this because I was told by the DA that he would never be able to buy a house until the back child support was paid off because his arrears would show up on Title and his credit report, BUT if he inherited the house, this would be a different story?

It's not a matter of me really needing the money, though. I have lived this long without it. It was just a dream that I had hoped might be able to benefit our son after so long. My dream was based on principal, not greed.
 

nextwife

Senior Member
I was referring to anything of record in FRONT of the lien. So, if the DA slapped the lien without knowing the condition of title, there MAY be enough equity there or there may not be.

He cannot now finance or sell without paying off the lien, or until the lien expires and is not renewed. Of course, if there is simply not enough equity, you may not see that $50,000 come from the lien. Example, say there is a $140,000 mortgage still on the property, the lien of $50,000 was filed, and the market value is only $175,000. He would then be unable to pay off out of proceeds and then he would likely need to let it go into FC if he can't stay there or come up with the cash for the shortfall to close..
 

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