Legal Question in Wills and Trusts in Missouri

My ex-husband died intestate owing back child support and maintenance of $15,000. I have a case with DSS, but they closed it when he died. He died in debt, and owing back taxes - probably at least $30,000 to Missouri, Kansas and the IRS. No one wants to be appointed his representative so his estate is in limbo. My son has been receiving his mail since his death and we just got a notice that there is about $10,000 in a personal investment. If my son chose to become his father's representative, is there any way I would get my child support money before he had to pay the taxes? If not, there's no reason for him to take on the burden. Is there any way of my getting that money without going through probate?

Thank you

Judy


Asked on 2/04/10, 5:53 am

1 Answer from Attorneys
Anthony Smith LawSmith

Depending upon how your exhusband had his account(s) titled, his children might be able to get teh funds without going through probate. You, as a creditor coudl ask to be apoointed the personal representative of the estate. There may be strategic considerations about doing this. Some taxing agencies are slow or reluctant to respond to Notice of a probate estate. It is nto unheard of for heirs and other creditors to get portions of a decedent's estate that might have gone for taxes. If you or yoru children are intereste din pursuing this, you or they should go see probate attorney in your area or the county in which your ex was domiciled. Many offer a free or low cost initial consultation. Without specifics it is too dificult to exactly tell you your options in this forum.

Good luck

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Answered on 2/09/10, 11:38 am


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