Legal Question in Wills and Trusts in California

Son's rights to property

My step son's father was killed. He has no will as far as we know. My wife has a child support lien against him. He owes somewhere in the area of $30,000 in back child support. Our son who is now 15 yrs old deserves something. What are his rights? He also has some physical property (car,furniture,etc.)We have heard he also has around $20,000 in the bank.


Asked on 4/01/03, 11:45 am

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Son's rights to property

your son should be able to maintain the same rights against his father's estate ( i.e. a valid claim on the $20K bank account) as what he would have been entitled to had his father still been living. thus, if your wife has a $30K back child support lien against her ex-husband prior to his death, the lien would be good against the decedent's estate now as well when the estate is probated. email me with additional details, especially in respect to how long ago your son's father passed away and whether or not the estate has been probated yet. also, let me know if you would like further legal assistance and/or representation in this matter.

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Answered on 4/01/03, 12:27 pm


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