Legal Question in Family Law in Tennessee
Will and Insurance Policies
My former husband is terminally ill. He is thousands of dollars behind in his child support. I doubt that he has a will or included his 3 sons in a Will if he has one. How do I go about finding out if he has a Will and or insurance policies with the boys (adults) names as beneficiaries. If he does not have either how do I go to court to make claim before he passes? --name removed--Moore
1 Answer from Attorneys
Re: Will and Insurance Policies
I would file a petition for contempt against him and at least try to get a judgment against him for bcak support before he dies. Once you get a judgment, you can file it as a lien against any land he may own. However, if he dies before you can do this, you can always petition the court to probate his estate and assert your rights as a priority creditor. You can then put a claim against his estate and any assets he has at the time of his death must go toward paying the claim. Only if your force his estate into probate will you be able to discover if he had a will or any insurance policies.
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