If my ex-husband is now dead, am I or my daughter entitled to his estate for child support?

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If my ex-husband is now dead, am I or my daughter entitled to his estate for child support?

We have a 10 year old daugher and he never paid child support of any kind. He was not married at the time of his death. I was wondering if she is entitled to the property or if I was for child support? His family seems to want us (her/I) to get the money and property to help with her.

Asked on August 29, 2012 under Family Law, Arkansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not you or your daughter stands to inherit anything from your "ex" depends upon whether or not he had a Will or trust in place when he died or not. If he did and you and/or your daughter were named as beneficiaries, then you stand to inherit. If no Will or trust, you daughter might stand to inherit under your state's intestacy laws. Such apply when one passes without a Will or trust in place.

I suggest that you consult with a Wills and trust attorney about the matter you have written about. Your daughter might be entitled to social security benefits of her father as well from the Social security Administration.


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