Lien on distributive share of decedents estate *for child support*

[howamidoing]

What is the name of your state? Missouri
Ok, I got a call from my ex today, he was really angry with me. He said he got a letter from the attorney stating there was a lien on the distributive share of decedents estate for dilenquent support. he is 2256.00 in arrears. I have no idea what this means, and he is blaming me for this. Does anyone know what this means and how long this will take to complete, I guess by what he said, it is holding up the estate. To fill you in, his father passed away, with a will, in May. He left them all a lot of money etc, from what my ex said. Can anyone explain to me what this means. Does this mean they are taking his arrears out of the estate, or just his share, and sending it to me. He is calling me asking me for his money back and I have no idea what he is talking about. Thanks for all your help in advance...Misty

 

[anteater]

Lien on obligor's share of a decedent's estate, when, procedure --notice, contents, filed where--personal representative liable on bond for failure to pay--notice to lienholder or payor required, when.

454.514. 1. The director, IV-D agency or the obligee may cause a lien for unpaid and delinquent child or spousal support to be placed upon an obligor's distributive share of a decedent's estate.

2. No such lien shall be effective unless and until a written notice is filed with the clerk of the probate court in which the decedent's estate is being administered, a copy of the notice is sent by regular United States mail to the personal representative of the decedent, and, if the obligor's distributive share includes real estate, in the real estate records of the county where the real estate is located. The notice shall contain the name and address of the delinquent obligor, the Social Security number of the obligor, if known, the name of the obligee, and the amount of delinquent child or spousal support.

3. The lien shall attach to the obligor's distributive share upon the filing of the notice of the lien with the clerk. Thereafter, the personal representative of the decedent shall pay to the obligee, director or the director's designated agent, the lesser of the obligor's distributive share or the unpaid and delinquent child or spousal support. If the personal representative fails to pay the obligee or the state of Missouri, as the case may be, the personal representative shall be liable upon the representative's bond to the obligee or the state of Missouri.

4. In cases which are not IV-D cases to cause a lien pursuant to the provisions of this section the obligee or the obligee's attorney shall file notice of the lien with the lienholder or payor. This notice shall have attached a certified copy of the court order with all modifications and a sworn statement by the obligee or a certified statement from the court attesting to or certifying the amount of arrearages.

 

[howamidoing]

Thank you so much for all that information. I know his sister is the personal representative of the affairs. So this means she has to pay that arrears balance out of his portion? How long does she have to do this? They have an attorney, will it be done through him? Thanks again for all your help. Misty

 

[xylene]

Thank you so much for all that information. I know his sister is the personal representative of the affairs. So this means she has to pay that arrears balance out of his portion?

It means that his share will be reduced by the amount of the arears lein, and the personal representative will pay this to the obligee (basically you) or the state of missouri (child support enforcement) they will take the amount from her bond.

How long does she have to do this?

It is in the personal representative's best interest to do this immediately or else child support will seek to get her bond pulled.

They have an attorney, will it be done through him?

It doesn't matter. The Personal Rep has a duty to pay the lein, lawyer or not.

If they are hell bent to be distruptive to your being paid, whatever the cost, they can dick around for a very long time. Since some agency filed this lien they are on top of your case and are not going to let it go.

If he is all pissed, just calmly tell him "that because of his arearage, the state of missouri is law bound to collect on his significant windfall inheritance, and he should be happy that he is now current and is free from this debt. Sorry about your father. Good day." 'click'