Can you go after unpaid alimony from a deceased persons estate

My ex-husband died and he didn’t pay me allimony for 17 years. He left everything to his wife. Can i get back alimony from what he left to her?

Asked on March 24, 2017 under Family Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a general rule, your alimony payments end when your ex-spouse passes away. However, you may be able to recover unpaid alimony by making a claim against your deceased ex-spouse's estate. In other words, if your ex-husband owed past due alimony when he died, you are still entitled to that amount. His estate will likely be taken through through the probate process. During probate, the court appoints an administrator (either an executor if there was a Will or a persoanal representative if there was no Will) for the estate. The administrator oversees the estate, pays outstanding debts and distributes the remaining assets to the beneficiaries. If your ex-husband owed you past due alimony, you are a creditor of the estate. This means you can submit a claim for the unpaid alimony. The exact process for submitting a claim varies from state-to-state so you should consut directly with a probate attoeny in the county of where the probate was opened; they can best advise you further.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.