Legal Question in Wills and Trusts in Utah

Estate-child support
My mother's ex-husband has passed away (Nov) apparently intestate (although he implied there was a will). The personal representative has said there will be no child support. Is there a way to claim for child support from the Estate. Unfortunately, my mother (disabled) was also in the process of fighting for past due child support when he passed away. He had only been paying $100/per child (2) keeping them in poverty, yet he was wealthy, and married to a millionaire (no exaggeration). Now it looks like once again his children will end up with very little. Do you know where we can turn for help and answers?

Asked on 4/21/08, 5:31 pm

2 Answers from Attorneys

Randy Lish Randy M. Lish, Attorney at Law

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Re: Estate-child support

You may file a claim against the estate for the past-due child support, and should be able to get something back, depending on the size of the deceased's estate. If the father's property was held in his own name, his children are entitled to a substantial portion (the surviving current spouse gets the first $50,000, and one-half of the estate, the remainder is divided among the children from his first marriage). Any property held in a joint tanancy with the second spouse will go directly to the spouse, by operation of law, and the children from the first marriage will not have a claim on any of that property. If I know more about how his property was held, I can be more specific.

Randy M. Lish

Answered on 4/21/08, 5:42 pm

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