Legal Question in Wills and Trusts in California

my ex died during probate. He was getting a inheritance. He owed back pay support, who will get the money me or our adult children? I also have a Abstract of judgement support.


Asked on 4/23/15, 9:34 am

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

If the decedent's estate from which your ex was supposed to inherit was intestate (that is, there's no will) then your ex's share should belong to his own probate estate. If there is a will, then your ex's share belongs to his probate estate unless the will has a mandatory survivorship period, and your ex failed to survive long enough.

You should file a claim against the decedent's estate for your unpaid child support, plus interest, and see what position the executor or administrator of the estate takes.

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Answered on 4/23/15, 9:40 am


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