California  |  Wills and Trusts

Legal Question

Asked on: 6/28/10, 12:05 pm

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


Answered on: 6/28/10, 7:03 pm by Timothy McCormick

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.


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Answered on: 6/29/10, 11:19 am by Robert Mccoy

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.


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Law Office Of Robert McCoy 204 N. San Antonio Ave. Ontario, CA 91762

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Answered on: 6/30/10, 9:05 am by Jonathan Reich

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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