Wilmington, DE asked in Child Support, Estate Planning and Probate for Delaware

Q: My ex died with no spouse, will, estate or rep and owed child support. Can our kid get his annuity before his mom?

He was almost $18K in child support arrears and his mom never knew about his annuity, so she never set up probate court. Instead she simply had him cremated. How do I place a lien against his annuity?

1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Howell, MI

A: If he owes back child support, and the annuity will pass through probate you can make a claim against the estate for the child support.

The process is complicated, and if your children are all minors their interest in the estate needs to be addressed, and FURTHER if there was a beneficiary names and the annuity won't pass through probate there are additional issues.

Seek local legal help -- your divorce attorney probably knows how to best address the system in your area -- and if all else fails use the Find a Lawyer tab on this site to locate someone nearby to help! Don't delay -- there may be statute of limitations issues at play here!

-- 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

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