Claim against an heir in probate

What is the name of your state? New Mexico

My husband's Ex owes us Past Child Support. She may be a potential heir to some
money and property (joint ownership with a sister). There is a dispute amongst the
siblings and is in Special Administration and I assume to be settled in District Court.

We want to make a claim if she should receive such heir from the contested will.

What would we call ourselves? A creditor would be against the deceased persons estate-can we submit a claim in which it is not hers yet. What form(s) would we use?

Also if she does know of this claim - can she refuse it and later - get the money or property
from another sibling?

Appreciate any insight in this matter. tft.

you can't file a claim against the estate because the desedant didn't owe the child support. You can get a judgement against the ex for child support & then hopefully get it enforced if she does inherit some money.

Thank you for responding ladybug. I guess I may have gotten some wrong information.
tft

Oh yeah, we already have a judgement for past child support she owes us.
I will call the child Support division to see if they will help in recovery.
tft

tresfavian said:

Oh yeah, we already have a judgement for past child support she owes us.
I will call the child Support division to see if they will help in recovery.
tft

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I don't know anything about New Mexico law, but you need to get a certified copy of the judgment and file it with the probate court.

Couldn't hurt anything.

And ask the CS people about this too.

Thank you Benjamin. I called CS and I need to give them the info
(I will get a copy of will from probate) they said our case worker will
inform the courts with a paper as to the Ex owing this judgement,
in the event she acquires any property or money. tft

tresfavian said:

Thank you Benjamin. I called CS and I need to give them the info
(I will get a copy of will from probate) they said our case worker will
inform the courts with a paper as to the Ex owing this judgement,
in the event she acquires any property or money. tft

Click to expand...

Ummm...Benjamin died several years ago. It was in all the papers.

seniorjudge said:

Ummm...Benjamin died several years ago. It was in all the papers.

Click to expand...

Was he the one that had the fling with his girlfriend's mom - Mrs. Robinson?

anteater said:

Was he the one that had the fling with his girlfriend's mom - Mrs. Robinson?

Click to expand...

I think he flinged her several times.

I'll bet it was electrifying!

Let me rephrase. Thank you SeniorJudge. I chuckled - hope you did too!! tft