Legal Question in Wills and Trusts in Maine

my brothers inheritance

my brother owes money in child support. he is current as of now but if he inheretes money can the state just take his money my dad wanted him to have. should he just sign it over to me. I could put it in my bank. He has tried so long to do the right thing and now that he has a chance in life is the goverment going to steal my dads hard earned money?


Asked on 7/06/06, 9:29 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: my brothers inheritance

Your question is initially framed to suggest that there is no back child support arrearage. If that is the case, then as long as your brother stays current there is no issue. He is free to use the inheritance in any way he wants.

However, if he owes an arrearage, if a disclosure proceeding is brought by either the State of the child's mother, he would presumably be required to disclose the inheritance whether it came to him directly or was "signed over" to someone else who is holding it for him.

I am unsure as to why you have characterized the State as "stealing" money on account of child support. If the child support is Court-Ordered it is calculated according to a system that takes into account his income and ability to earn. If the real issue is that the child support is too high, then he can file a Motion to Modify it and get it lowered.

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Answered on 7/07/06, 11:04 am


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