Legal Question in Wills and Trusts in Nevada
estate/child support
In 1970 my father divorced his first wife. My father was ordered to pay 200 per month for the 2 children from that marriage. My father justed passed away Nov. 2008. His estate with 1 bank acct. and 1 car is estimated at 40,000. His 1st wife is now going after the estate for 39,000 stating that my father never paid child support. The divorce was in California and the estate is in Las Vegas, NV. Is this legal and if not what recourse do I have to stop this and have the estate slip between the 4 of my fathers children?
2 Answers from Attorneys
Re: estate/child support
You probably need to contact a Nevada attorney or at least the child support divison in the county where your father died to see if they will honor a Californai judgment or whether she must get a Nevada judgment adopted the California one. She must also file a timely claim against the estate; in California such a small estate would not have to go through probate but I do not know about Nevada law. There are enough difficult legal questions involved that you probably need to hire a Nevada attorney.
Re: estate/child support
I am a Nevada attorney and familiar in family law and probate. I agree with Mr. Shers, she needs to file a creditor's claim and the executor of the estate would need to object.
You would also have standing to object as a beneficiary. We could require an accounting from her, review court files and finally, assert a statute of limitations type defense called laches.
If you would like a telephone consult, email me your telephone and we can discuss.
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