Legal Question in Wills and Trusts in New Jersey
Deceased Owes Alimony
My father recently died. He left the majority of his estate to my sister. My mom recently told me that that he had owed her alimony from several years ago. According to her, she had a verbal agreement with him that the owed money would be paid once he sold real estate that he owned. She can document that he didnt pay her alimony for over a year, but has no documentation of the agreement. Can she make a claim for the money owed against his estate?
2 Answers from Attorneys
Re: Deceased Owes Alimony
SHE IS A CREDITOR OF THE ESTATE, FOR BACK ALIMONY. THIS IS A DEBT OF THE ESTATE AND MUST BE PAID BEFORE ASSETS CAN BE DISTRIBUTED. SHE SHOULD HAVE HER ATTORNEY ASSERT HER CLAIM BEFORE THE ASSETS ARE DISTRIBUTED. AT THIS POINT THE VERBAL AGREEMENT, WHICH WAS NOT ENFORCEABLE ANYWAY, MEANS NOTHING.
Re: Deceased Owes Alimony
Your mother must file a claim against your father's estate immediately. The verbal agreement means little or nothing, but if she can proove he was behind in the alimony, that claim can be enforced (assuming the estate is solvent).
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