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?

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • 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
Answered
  • 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.

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