Does my mother have rights against my deceased father’s estate for back due alimony and child support?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does my mother have rights against my deceased father’s estate for back due alimony and child support?
My father, now deceased and divorced from my mother around 38 years ago and never paid court ordered alimony or child support. His Will provided for a trust with his assets between his children and his live-in girlfriend of 8 years, as equal partners. Does my mother have any rights to his estate because of unpaid alimony or do his children have any rights to his estate because of unpaid child support? His live-in girlfriend has a lein on the property preventing the sale of such.
Asked on June 12, 2012 under Family Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If your father was under an order to pay for spousal and child support which he never did, then potentially his estate may be subject to a "surcharge" for such subject to significant statute of limitation issues as well as waiver defenses for collection for such non-payment.
I suggest that your mother consult with a family law attorney about the situation that you have written about to ascertain if she is not time barred from collecting on an obligation that has not been paid for many years. Most likely she will be barred from collecting upon it based upon the facts that you have written about.
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.