Legal Question in Wills and Trusts in New York

Deceased owes alimony & more

When my husband's parents divorced in 1985, his mother (let's call her P) was awarded alimony, child support and a lump sum of money (proceeds from the sale of the house.) His father (we'll call him H) never paid a dime.

P died in 2002. My husband elected not to pursue his dad for the unpaid money (on behalf of her estate) because he didn't want to worsen the relationship with his dad, and because H always told him that he was leaving him everything in the will. In 2006, H remarried and died 3 days later. The new wife (widow) is pursuing half of H's estate.

So, the question: is it too late for my husband to pursue the $$$ that his father owed his mother? (My husband was the executor of his mother's estate and the sole beneficiary.) We are talking $100K plus.


Asked on 1/17/07, 3:08 pm

1 Answer from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Deceased owes alimony & more

If the statute of limitations has not barred the claim you are free to pursue the claim against H.

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Answered on 1/17/07, 5:36 pm


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