Legal Question in Wills and Trusts in California

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.

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

3 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

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 6/28/10, 7:03 pm

Robert Mccoy Law Office Of 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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Answered on 6/29/10, 11:19 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

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.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 6/30/10, 9:05 am

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