Legal Question in Family Law in Arizona

Re: Re- Estate

Thank you for your inquiry.

Life insurance proceeds go directly to the beneficiary without passing through probate, so there is generally no creditor protection. However, if the father owned other assets at the time of his death, these assets might be available for recovery against your judgment.

If a probate has already been opened, you must file a creditor's claim to preserve your status. If a probate has not yet been opened, under certain circumstances, you as a creditor can ask the court for permission to probate the estate.

The cost to pursue this could be significant, so while you are deciding how to proceed, consider (1) the amount of the judgment and (2) the likelihood that he left any assets against which to collect.

You did not mention whether he left a will, and if so, whether your child was named to inherit. In many situations (even without a will), a minor child can inherit from a parent if the parent's spouse is not the child's other parent.

If you would like to discuss this matter further, please contact me as soon as possible. I can be reached at (480) 792-9770 or [email protected].

Monica Donaldson

Re: Re- Estate

Talk to an Arizona lawyer quickly (assuming this was his state of residence) about making an estate claim--there's a limited time to do this. Life insurance is typically protected from creditors, but other community property assets are not, and some state laws even provide less or no protection when it comes to child support claims, so make your claim quickly!