What to do if my father recently passed away without a Will and owed back child support?

UPDATED: Mar 16, 2013

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What to do if my father recently passed away without a Will and owed back child support?

While going through his paperwork we noticed he owed the state over $200k. In addition, he owes back child support payments to his ex-wife. I know he had an investment bank account which will not cover these costs. If he died in a different state, how and when will the goverment attempt to collect these debts? In other words, do I have time to get the money and use it towards the funeral? And can the state come after me?

Asked on March 16, 2013 under Estate Planning, New York


Victor Waid / Law Office of Victor Waid

Answered 10 years ago | Contributor

If you have estate assets, you will need to determine if you need to probate the will in the county of the death if that is the principal residence. In California, you will need to notify the creditors of the probate, and that includes any government claims or spousal support claimants, which allows them to file creditor claims for payment of the obligations owed them. Suggest you seek the assistance of probate legal counsel to advise you.

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