Making a claim against an estate

[lindym77]

My ex-husband died 6 years ago owing me past alimony and divorce settlement money. He had a will leaving everything to his new wife and nothing to his college age child. I realize that it is late, but is there anything I can do to collect what was owed to me? His wife still lives in the house he had when he died with the two children that they had. I believe that she is also owner or at least part owner in the business he had. Is it possible to place a lien on the house or business?
I live in Florida and he lived in Pennsylvania.
Any help would be appreciated.

 

[I AM ALWAYS LIABLE]

My ex-husband died 6 years ago owing me past alimony and divorce settlement money. He had a will leaving everything to his new wife and nothing to his college age child. I realize that it is late, but is there anything I can do to collect what was owed to me? His wife still lives in the house he had when he died with the two children that they had. I believe that she is also owner or at least part owner in the business he had. Is it possible to place a lien on the house or business?
I live in Florida and he lived in Pennsylvania.
Any help would be appreciated.

My response:

The applicable Statute of Limitations for filing an action against his Estate expired many years ago. You are now forever barred from making any claims or obtaining any money.

Florida Probate Code section 733.710
Limitations on claims against estates,--

(1) Notwithstanding any other provision of the code, 2 years after the death of a person, neither the decedent's estate, the personal representative, nor the beneficiaries shall be liable for any claim or cause of action against the decedent, whether or not letters of administration have been issued, except as provided in this section.

(2) This section shall not apply to a creditor who has filed a claim
pursuant to s. 733.702 within 2 years after the person’s death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705.

(3) This section shall not affect the lien of any duly recorded mortgage or security interest or the lien of any person in possession of personal property or the right to foreclose and enforce the mortgage or lien."

If you never filed a claim within 2 years after his death, you are now too late. It's over.

IAAL

 

[advisor10]

3-5-2002

DEAR LINDYM77:

If your husband died in Pennsylvania, then you would need to consult with a Pennsylvania probate attorney to find out what your rights are, if any.

Yes, there is a strong chance that you may have waited too late. It's a shame that you were unaware of the law at the time the death occurred.

In most states, there is a requirement that the child MUST BE NAMED in the will, and so if he wasn't named, then you may have had grounds to contest it. I don't understand how a father would not want to naturally provide an inheritance for his own child. And the alimony might also have been a valid claim against the estate as well. The only problem is that the new wife has probably spent everything by now and so the chances of your being able to recover anything might be small, but at least you should look into it.

Send me an e-mail to the address shown below and I would like to pass on to you a confidential tip about your situation.

SINCERELY,

advisor (e-mail: [email protected])