S
SRMcMahon
Guest
What is the name of your state? North Dakota
Husband died. Has a will, have filed to go thru informal probate, I am personal rep. Heirs are me and our 14-yo son. Husband had ch support arrearage to me, but son has been in foster care so state is assignee. We had married in 2002 after long term relationship (for a short time I had been on assistance and this resulted in support order. Once there is an order ND courts will not close it until parents are married or remarried). Arrears stopped accumulating at that point. We wanted to get order amended based on his disability (was in appeals at the time, disability was eventually made 8 years retroactive) but by the time we got SSA award letter he was deteriorating rapidly and a lot of stuff was happening. Meanwhile court decided to not enforce arrears due to his medical needs.
Few days after the funeral child support puts lien on my husband's bank account, overlooking fact it is joint account. They also placed lien on a stock account he had. They did not place lien on a trust account he also had that they were aware of (they had previously gotten an order to garnish trust disbursements). Child support attorney said he did not realize bank account was joint account but would not remove the lien. Stock account that also has lien has more money in it than the arrears amount to anyway.
The Ch Supp atty changed jobs a short while later. Replacement refuses to lift lien. I want access to joint account for household and estate expenses and decide later what assets to use for ch supp arrears. I asked for hearing to remove lien.
Meanwhile bank's attorney files motion with court saying ch supp people failed to provide certain letters required by state law so he asks the court to take over the money and decide how to handle this due to the competing interests of "ex-wife" (wrong, we were married and together, never were exes) and ch supp. Plus he wants $380 fees--from the account! I have until Dec 6 to file a protest to the court (it is the same judge assigned to the probate, maybe that will help).
When I found out about the lien I contacted the bank which asked for copy of death certificate. The idea was that the property would be determined to have reverted to me as of date of death and the lien would have been subsequent so ch supp would not have claim--lien specifies only husband's property, nothing about joint or my personal property.
So--lien preceded bank getting death certificate but death preceded lien. Will judge decide lien is valid? Will bank's lawyer get $380 from me?
Husband died. Has a will, have filed to go thru informal probate, I am personal rep. Heirs are me and our 14-yo son. Husband had ch support arrearage to me, but son has been in foster care so state is assignee. We had married in 2002 after long term relationship (for a short time I had been on assistance and this resulted in support order. Once there is an order ND courts will not close it until parents are married or remarried). Arrears stopped accumulating at that point. We wanted to get order amended based on his disability (was in appeals at the time, disability was eventually made 8 years retroactive) but by the time we got SSA award letter he was deteriorating rapidly and a lot of stuff was happening. Meanwhile court decided to not enforce arrears due to his medical needs.
Few days after the funeral child support puts lien on my husband's bank account, overlooking fact it is joint account. They also placed lien on a stock account he had. They did not place lien on a trust account he also had that they were aware of (they had previously gotten an order to garnish trust disbursements). Child support attorney said he did not realize bank account was joint account but would not remove the lien. Stock account that also has lien has more money in it than the arrears amount to anyway.
The Ch Supp atty changed jobs a short while later. Replacement refuses to lift lien. I want access to joint account for household and estate expenses and decide later what assets to use for ch supp arrears. I asked for hearing to remove lien.
Meanwhile bank's attorney files motion with court saying ch supp people failed to provide certain letters required by state law so he asks the court to take over the money and decide how to handle this due to the competing interests of "ex-wife" (wrong, we were married and together, never were exes) and ch supp. Plus he wants $380 fees--from the account! I have until Dec 6 to file a protest to the court (it is the same judge assigned to the probate, maybe that will help).
When I found out about the lien I contacted the bank which asked for copy of death certificate. The idea was that the property would be determined to have reverted to me as of date of death and the lien would have been subsequent so ch supp would not have claim--lien specifies only husband's property, nothing about joint or my personal property.
So--lien preceded bank getting death certificate but death preceded lien. Will judge decide lien is valid? Will bank's lawyer get $380 from me?