Legal Question in Wills and Trusts in Florida
What to do if the terms of my children's fathers' will are not being met by the
My children were left $2,000.00 a month in their father's will. He left his wife as executor of the will, and his sister if she became incapacitated. It has been 11 months and they have not received any money to date from the wife. The children's father was also in arrears of child support for 16,000.00+. How do I make a claim for back child support against the estate & get their money each month in addition to all monies in arrears? The attorney the children's father used, declined to have anything to do with the will after his death.
1 Answer from Attorneys
Re: What to do if the terms of my children's fathers' will are not being met by
Hello, I have received your message regarding the will of your children's father. I do not know where he lived at the time of his death. I can only answer if he resided in Michigan at the time of his death. The Michigan courts will enforce the conditions of his will with respect to any assets that are left after the debts of the Estate are paid. The debts would include any child support arrearage. You really should retain a lawyer in the state of death to protect the interests of your children. Good Luck. John C. Talpos (http://www.Mich-Lawyer.com)