Legal Question in Wills and Trusts in Ohio

State directed child support after death of benificiary

My mother-in-law had a court order to receive child support from the father of her two grandsons. (This was never paid until after her death.) The checks received have been signed by the co-executors, however one of these people has decided that it needs to go through a lawyer. The lawyer has set up an account and will deposit the checks where-upon ''if there is any money left after the lawyer fees'' (a quote from by sister-in-law) the money will be evenly divided by my mother-in-laws six children. Being the legal guardian of one of the grandsons, I feel it is inappropriate to share any of this money with aunts and uncles...it is meant for the children. And...I want to know why an attorney needs to be involved when it seems that if the co-executors sign the checks they could be cashed with the death certificate. Thanks for your help.


Asked on 3/04/05, 12:08 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: State directed child support after death of benificiary

Unfortunately, there is nothing in Ohio law that demands that child support be used for the children it is intended for. It is the property of the payee, and in this situation, property of the decedent's estate. It must be divided as all her other property must be, which is only after all of the estate's debts (including attorney's fees) are paid. The children have no personal right to the money, except as potential heirs at law or legatees.

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Answered on 3/05/05, 12:46 pm


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