Jerseyville, IL asked in Probate and Estate Planning for Illinois

Q: My mom was getting back child-support from my dad. She died last year. I'm 26. Step-dad claims child support. Illinois.

Step-dad was not my legal guardian - ever (no adoption).

Step-dad married my mother when I was 12, I left home at 18.

He claims he deserves the back child support because he 'raised me for my childhood'.

Is the child support part of my mother's estate?

Does my father have to pay this man (my mother's widower)?

Am I entitled to the money now that my mother is deceased?

My father would like the money to go to me, the 'child' the child support was intended to be for.

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1 Lawyer Answer

A: The money is owed to your mother.

It goes to her estate.

If she had a will, it goes to whoever she designated.

Otherwise to her heirs. Half to husband and half to children.

HOWEVER, the husband is entitled to a widowers allowance off the top and whoever paid the funeral bill is entitled to get repaid.

1 user found this answer helpful

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