Inheritance

[jdr]

What is the name of your state (only U.S. law)? Colorado
My exwife will receive a small inheritance and I want to see if I can intercept if for the benefit of the kids. When my ex and I divorced she signed our separation agreement stating she would pay $16,000 to our children, she has never paid. Can I simply give the separation agreement to the attorney that will be administering the will and see if she will pay the money into custodial accounts for my kids?

 

[anteater]

Can I simply give the separation agreement to the attorney that will be administering the will and see if she will pay the money into custodial accounts for my kids?

Can you? Sure. But I would not expect anything positive. The estate is not a party to your separation agreement.

You can always try to get the probate court to order the administrator to pay the funds to the kids. I'd suggest consulting with an attorney.

 

[Dandy Don]

Exactly WHAT is the $16,000 being paid for? Child support or something else?

If your divorce attorney does not have an answer for you, you should truly be discussing this also with a business law attorney or any attorney who specializes in debt collection, because they may be able to assist you in collecting this if there is a valid legal reason for you to do so. You may not be able to get all of what you are asking for but maybe you can get a good portion of it.

 

[latigo]

Can I simply give the separation agreement to the attorney that will be administering the will and see if she will pay the money into custodial accounts for my kids?

No! Definitely not. Neither the attorney for the estate or the probate court could legally divert the mother’s inheritance.

The personal representative of the estate is legally bound to make distribution in accordance with the terms of the decedent’s will, or if no will, then pursuant to applicable laws of intestate succession.

Seizing the mother’s inheritance could only be effected by duly garnishing the personal representative prior to distribution.

Which would first require reducing the claim (the terms of the separation agreement) to a money judgment and the issuance of a Writ of Execution all in accordance with due process of law.

“Due process of law” essentially means the mother’s right to be heard in court in response to the application for such a money judgment.

If that sounds complicated, its because it is somewhat of a complicated process and definitely requiring the services of an attorney.

Depending upon the language of the postnuptial agreement and divorce decree and the status of the agreement it may be possible to have the mother held in contempt of court and be purged (or partially purged) of contempt by assigning her inheritance to the persons to be benefited by that agreement.

But again this needs to be explored by your attorney.

 

[jdr]

Excellent information, thank you. My ex wife is in Colorado and I am in Utah. Could I proceed with the money judgement in Utah or will I be forced to go to Colorado. I did submit my separation agreement in Utah as a foreign order and my ex did not object; therefore, I am hoping that I can go after the money judgement in my state.

 

[jdr]

Excellent information, thank you. My ex wife is in Colorado and I am in Utah. Could I proceed with the money judgement in Utah or will I be forced to go to Colorado. I did submit my separation agreement in Utah as a foreign order and my ex did not object; therefore, I am hoping that I can go after the money judgement in my state.

 

[jdr]

To answer Dandy Don, the $16,000 is money that she misappropriated from the children's UTMA accounts.

 

[anteater]

To answer Dandy Don, the $16,000 is money that she misappropriated from the children's UTMA accounts.

Wait a minute. In one post you are saying:

...she would pay $16,000 to our children, she has never paid.

Now, you are saying that she misappropriated the money from UTMA accounts. That implies that the funds were in the accounts and, for lack of a better phrase, she swiped the money.

Which is it? What is the entire story?

 

[jdr]

Sorry for the confusion, I will try to be more clear. My former father in law gave each of my three children 20,000 when my children were toddlers. My ex and I were married for 10 years and we divorced in 2001. At the time of the divorce, my ex admitted that she spent some of the kids monies. I asked, and she agreed to a statement in our separation agreement that she would pay back $16,000, but she never paid the money back. During the next 9 years post divorce I asked for information about the kids accounts, but was given nothing. Last year, her former divorce attorney contacted me through an attorney that the divorce attorney had hired. The crux of the conversation was that my ex wife paid her with custodial funds from my children and my ex wife's attorney wanted to pay my children back. The attorney sent a check for $6,000 plus interest. So to answer your question, it is both, my ex promised to pay the children in the original separation agreement and post divorce she misappopriated funds from the children.

I am hoping that I can ask for a judgement in Utah for my own ease. I did register my separation agreement in Utah when I moved here with my children. Thank you for your assistance