Legal Question in Wills and Trusts in Rhode Island

inheritance

I am about to recieve an inheritance from my fathers estate,I owe the state of R.I. child support,will they take my inheritance,


Asked on 12/05/07, 5:43 pm

1 Answer from Attorneys

Christopher Kehoe KEHOE LAW

Re: inheritance

Not unless the State Child Support Enforcement Office has "perfected" the child support lien on the inheritance. The inheritance will be subject to a lien for the child support when title transfers to you. However, to levy (take the property) before you receive it, the lien would need to be perfected by the State and your father's executor/administrator/trustee would have to be notified of the perfected lien before transferring the property to you. If you have not been notified by your father's executor/administrator/trustee then I would suspect that the lien was not perfected and served on your father's executor/administrator/trustee and the inheritance will transfer out to you. Once you take title to the property, it will be subject to the lien but the State will have to take further action to levy (take) the property fom you. You should know that you would be subject to being held in willful contempt of court if you dispose of the property for purposes other than the payment of child support which entails serious consequences. Bottom line: it looks like you will get the inheritance but you should use it to pay your child support obligations.

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Answered on 12/05/07, 7:21 pm


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