Can I file a claim against my ex mother in laws estate in probate for back child support owed to me from her son?

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Can I file a claim against my ex mother in laws estate in probate for back child support owed to me from her son?

My ex owes me about 67,000.00 in back
child support. My ex mother in law just
past away leaving a 1.5 million estate.
Her will says that everything goes to my
ex. He past away , so now it is divided
between my ex’s children including our 1
son. Since the will states that
everything goes to my ex then to his
children, do I have a right to file
claim against this estate?

Asked on May 1, 2018 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot file against her estate: she was not your spouse and is not liable for his child support. Just as you could not make her pay his child support for him while she was alive, you cannot get it from her estate after her death; not having any claim against her, you have no claim against her estate.


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