Am I entitled to receive back child support from any inheritance that my ex would have received from his parents had he lived?

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Am I entitled to receive back child support from any inheritance that my ex would have received from his parents had he lived?

My ex-husband and I adopted a baby 20 yeaars ago; we divorced 12 years ago. My ex passed away recently owing $20,000, plus in back child support. The ex’s surviving parent is on hospice. There is money/property that ex could have inherited if alive. I don’t know what his parents will contained. Am I legally entitled to collect child support against his inheritance? Is my son legally entitled to what his father would have inherited? I keep hearing when adoption is involved, there is more support to assist in obtaining the support owed. With my son now being 20, am I legally allowed to pursue collection?

Asked on August 23, 2012 under Family Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your "ex" died before his parents then under the laws of all states in this country any bequest that the parents would have or could have given the "ex" husband is simply not relevant to any claims that you have for back child support owed. The reason is that the "ex" husband never received any inheritance from his parents. Your recourse is to make a claim as a creditor on your "ex" husband's estate for child support owed. I suggest that you consult with a family law attorney further on this issue and what your legal recourse is.


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