Mirror of Justice - All about Law and More
*Home>>>Estates Law

If my childs father dies can i claim child support from estate?


my childs father has a balance over 15000 and has passed away can i file a claim against his estate

If your child is eligible..Contact an attorney for advice.

Sure can. But it is time sensative. You may have to have the child support office submit the appropriate paperwork to the holder of the estate for you. And selling off an estate takes time as well, so you must be patient. Also in the meantime, you child may be eligible for survivor benefits from social security. You will probably need a copy of the death certificate & your child's birth certificate, & you would file for it at your local social security office.

If the child is a minor, than the support of the child is supposed to continue and any back support paid. If the child is of legal age, then while back support certainly is a legitimate bill against the estate, the question becomes is it really worth it.
This answer is based on a presumption that the estate is solvent (able to pay its bills).

YES. Get an attorney NOW.
Hopefully you were married to the father when the child was born or established paternity or have order of child support. . . . otherwise it's MUCH more difficult. . . .
Your child may have inheritance rights if he died intestate (without a will).
Your child may also qualify for social security benefits due to father's death.

Yes, you would be considered a creditor of the estate. Also, your child may have inheritance rights to any assets of the estate. You should contact an attorney to help you. Laws vary from state to state.

Yes, and you should do it as soon as possible. If the child is under 18, you would also receive SSI benefits until that age.

Tags
  Insurance Law   Immigration Law   Health Care Law   General Civil Litigation   Family Law   Estates Law   Environmental Law   Entertainment Law   Employment Law   Elder Law   Education Law
Related information
  • Is there a deadline to petition the court to become administrator of an estate in Georgia?

    Contact your county court house for the service to talk to.

    ...
  • Is the administrator of an estate required to disclose the spending of an estate?

    YOu have a right in the US to review the final accounting when it is filed with the probate court for completion; you can protest any irregularities at that point.

    ...
  • Estate home left to six siblings?

    The problem becomes who would buy into your share of a six owned family house, where two of the six live in the house? and a lien, what is the value some one is willing to pay? start with the obvio...

  • Estate planning for non-citizen spouse?

    Citizenship has nothing to do with interitance.

    ...
  • Fifth Estate?

    The media is actually the fourth estate. What is the fifth estate appears unclear when I googled it. It has a meaning that applied to medieval times and a meaning in Canada that is different from...

  • Is this lawyer making enough?

    All children aside (it is not irrelevant because I have three myself) his salary sound pretty good plus the incentive of 50% of what he brings in. I wish i knew what kind of benefits he had and wh...

  • Do you have to pay all lawyers/attorneys up front?

    Fees must be legal under the laws of the place where the representation takes place, but there are no limits to how creative fee structures can be within the legal limits. Custom and practice ar...

  • When you do an estate will in NH is there a waiting period for a year or does the will take effect right away?

    Wills (testaments) are effective upon signature. Not sure what you mean by "estate will".

    ...
  •  

    Categories--Copyright/IP Policy--Contact Webmaster