• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

paying back child support after death

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

sharae

Guest
What is the name of your state? Kansas
my aunt's husband just recently passed away and she is the beneficiary to his life insurance policy. he still owed back child support at the time of his death, can the state take this money to be used towards that? he also had capers, which is a retirement fund through his work, can they take this? Thanks.
 


Dandy Don

Senior Member
The state CAN submit a bill to the estate for the payment of the back child support, so if there is enough cash in the estate to pay it, that amount should be paid. The life insuirance normally is not considered part of the estate and probably will be paid directly to the beneficiary, who can spend it any way she wants to.

The retirement account may or may not be part of the estate--if he named a beneficiary the money may go directly to the beneficiary. If he didn't name one, the money might go to his wife but a lot depends on the rules and regulations of the company holding the retirement account. She should check with that company to find out what the rules are.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top