Hixson, TN asked in Estate Planning, Probate, Family Law and Child Support for Tennessee

Q: Mom of kid here, Dad died owing 5years Csupport, has debt, not much asset, 5Kestate in probate. What is best for my kid?

My child is his only beneficiary. He had no spouse. I am executor of estate (-for my minor child).

Can I file back child support against his Social Security? (Child will only qualify to receive SS death benefit for 2 months till 18th birthday. ?Then all his social security is kept for the government??)

Should I file against estate? What’s left from estate will go to child, (if any is left after 4 month probate) so I have no intention in taking it from my child... but could I file & have priority before creditors? (His bills, Dr. Bills from event of death, probate lawyer) OR can the child file against the estate at age 18? He had no life insurance or credit life on bills. What is best for the child to get what is available? Tennessee

1 Lawyer Answer

A: I am no expert in probate law but suggest you contact someone who is. I would not be surprised to learn that the child support arrears trump other obligations. Be worth asking by simply filing a claim against the estate in probate court bringing the child support debt to the court's attention. It is your child's money and you are right to act on your duty to him. Whatever you do, you need to do quickly.

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