Legal Question in Wills and Trusts in Arizona
Divorce decrees
Is there a statute of limitation for divorce decrees? My mother in law recently passed away and her ex husband is threatening to sue us for her estate because he claims she didn't pay off a loan according to their divorce decree. He wants payment of the loan and interest and collection agency fees. Their divorce was finialized in April 1998. Does he have a valid claim? We have no idea what was paid and what wasn't.
I originally posted this question for a family lawyer and they suggested posting this question for a probate attorney.
1 Answer from Attorneys
Re: Divorce decrees
This is a family law question. I believe the judgment would have to have been recorded and renewed after five years, but there may be a different rule for domestic relations judgments now.
The question here is not whether a claim can be filed against the estate of the deceased (not the heirs personally), but is: for how long is a domestic relations judgment collectible? Does it have to be recorded? Does it have to be renewed every five years?
Ultimately an estate attorney will have to handle this, so see one. I do not know from your question if there is an open probate, if there were assets that simply went to beneficiaries by joint tenancy or POD status, or what the facts are here about the estate and the judgment. More facts are needed. Consult with an estate attorney. We offer free initial consultations.
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