Legal Question in Family Law in Florida

Re: Collecting child support arrearage from an estate

The mother or the state can file a claim for child support against the estate of the deceased father or against any property owned by the father at the time of death. If the estate is probated, it is important to file the claim during the legal period for making such claims. If the father owned no property or rights to property at date of death, it is difficult to pursue support where there is no assets, income, or other property. But if he owned property, the children have rights to such property even if the father did not include them in his will or if he had no will. If you have reason to believe that he owned property at death, you are advised to consult with a local attorney who can advise you re legal options.