Legal Question in Wills and Trusts in Illinois

I was the sole beneficiary of my fathers stuff. I paid my brother his portion as this was my fathers wishes. His ex wife is stating he owed back child support can she come after me for anything?


Asked on 12/27/14, 7:59 pm

2 Answers from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Yes, if she properly and timely files a claim against your father's estate, and proves it.

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Answered on 12/27/14, 8:08 pm
Henry Repay Law Offices of Henry Repay

You should seek legal representation. If he was not entitled to anything from the estate, then arguably your giving him a share was a gift and the child support remains a matter between your brother and his ex. He was not legally entitled to anything from the estate or from you. That said, you are suggesting (and posting) that you received the estate, arguably, to hold and distribute in keeping with your father's wishes. Theoretically, that may open up some arguments. In my view, the ex would be best advised to pursue your brother directly.

In that regard, perhaps you should approach your brother to suggest that it may be a good time to work with an attorney to resolve his defaults in providing for his child(ren). It is not clear what he has received, but perhaps legal fees can be saved and the children more promptly receive what is allocated for their benefit than if continued collection is forced in lieu of acting responsibly.

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Answered on 12/28/14, 7:36 am


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