Legal Question in Wills and Trusts in Florida
Lien against an estate
I need to file a lien against my childs father's estate. He died in February and his estate went to his wife. I have a child support agreement that I want to make sure is enforced until she is 18. Can I file a lien on my own? This is in Broward County FL.
3 Answers from Attorneys
Re: Lien against an estate
You can file a claim against the estate for child support. First, you must determine whether the estate is being probated. Check with the Clerk of Courts in the county. If he has property which is subject to probate, child support is a valid claim. You are advised to consult with an attorney to determine 1) if there is an estate or property of the deceased against which a claim may be filed; and 2) the best option for making a claim for child support.
Re: Lien against an estate
You would have a claim from the estate for any arrearage of child support. Fla. Stat. 733.707(1)(f). However, the father's child support obligation would end upon his death unless the child support court order says otherwise. Then it would be considered to be a debt of the estate. Fla. Stat. 733.707(1)(h).
Re: Lien against an estate
THE CHILD SUUORT OBLIGATION ENDS UPON THE FATHER'S DEATH UNLESS THERE IS SOMETHING TO THE CONTRARY IN THE FINAL JUDGMENT. YOUR CHILD WOULD BE ELIGIBLE FOR SOCIAL SECURITY SURVIVOR BENEFITS THOUGH.
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