Legal Question in Wills and Trusts in Indiana
Negative Estate
My former husband died in December. At the time of his death he was $12,000 behind in child support. I have his children, a 16 yr old Daughter & 14 yr old son. They are receiving social security benefits. He did not have any life insurance at the time of his death. His sister is completing his taxes and he, or his estate will owe. What are the liabilities of the children if his estate is negative? Do I need to start planning to pay any thing he would owe? Thank you.
1 Answer from Attorneys
Re: Negative Estate
Only the decedent's estate -- meaning whatever the administrator, in this case his sister, can cabbage together from his assets -- is liable for the decedent's debts. As to your children, they may be entitled to the $25,000 family support allowance, to be paid before other creditors get anything. Also, you could file a claim for the $12,000 support arrearage. Children and other heirs are not liable for debts of the decedent (except maybe if they have property that rightfully belongs to the decedent's estate.) Good luck.
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