My ex husband, and father of my two minor children, just died. He was $200,000.00 in arrears on child support. Is there a way that I can make a claim against any estate he may have to recover that arrears? I don't know if he does have an estate, so I am not sure where to make the claim or against what I would be making a claim. I live in California.
3 Answers from Attorneys
Without that information, there is nothing you can do. You could try to find out if anyone has opened a probate case in the county where he died. If it is out of state you should re-ask this question in the state where he lived when he died. Where you live is irrelevant.
The first thing you should do is hire an investigator who specializes in asset searches. If there are substantial assets available in California, then I or another attorney should be able to help you.
Check the court records where he lived to see if a probate has been opened. If so, you can file a claim in that probate. If his assets were in a trust you need to put his trustee on notice of your claim. You need to work quickly to be sure you do not miss any deadlines.
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