Englewood, CO asked in Probate for Colorado

Q: My ex's father passed away and his estate is in probate. My ex husband owes me over $11k. Can I file a claim against?

Ex husband is beneficiary along with his sister. There is a contempt order against the ex husband for over $11k he owes me.

Can I file any sort of claim against the inheritance?

Related Topics:
2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: You may need to 'convert' that contempt order to a money judgment, but the process may NOT need that. Without seeing the paperwork specifically, it is hard to say, and the best advise I can offer is that you need to hire a local lawyer to review everything and advise you on how best to enforce the orders.

This should be fairly straightforward and if there is an identifiable asset to attach now is the time to strike! Don't delay hiring someone ASAP!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Timothy Canty
Timothy Canty
  • Probate Lawyer
  • Evergreen, CO
  • Licensed in Colorado

A: You don't have a direct claim against your ex-husband's father's estate. However, you have the right to garnish the estate for the money owed you. If you have not done so already, have the claim reduced to judgment (a pretty easy process) and serve a writ of garnishment on the Personal Representative of the estate.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.