Legal Question in Wills and Trusts in Kansas
child support judgements against estate
My father is the administrator of my grandparents estate. He is the sole beneficiary of all the estate. There is a brother and sister. My father has to get a loan to pay off all the debt of the estate. The bank contacted my father saying there was a child support judgement against the estate. My father has always paid his child support on time and my mother hasn't brought anything against him. The brother hasn't paid child support for several years. Is it possible the judgement against the estate is from my uncle's ex-wife? Is this possible? Could she do this?
This is extremely upsetting to my father considering this whole ordeal has been extremely complicated. In fact, the estate has no income and is in debt. There is IRS debt and funeral costs.
Please help us. The lawyer my father has hired hasn't been helpful.
Thank You
1 Answer from Attorneys
Re: child support judgements against estate
Your father already has an attorney, so I cannot give him advice. But, I will tell you that your father should think twice before going into debt to pay the estate's debts. The debts of the parents do not fall upon the son. If there is a claim against the estate for child support due by the uncle or your father, the most they can go after is that man's inheritence. They cannot go after the estate's money. If teh estate or your deceased grandparents owed the IRS money, they can't go after your father's money, just the estate's money.
It sounds like your father will not get anything from the estate, except his fees. If his lawyer has not told him this, then he should seek another attorney.
Good Luck,
Tony Smith
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