Q: My son was paying court ordered support for his 16 yr daughter when he died. How can she get some of his personal items
We dont know if he had a will and his wife has cut off all communication.
A: First, she should make a written demand with a certified mail return receipt letter to his wife and keep a copy of the letter. Ask if there is a will and if so provide her with a copy. His 16 yr old daughter may have rights to up to 1/2 of his personal items and also of other assets in his estate. That depends upon if he had a will. Also, she has a right to collect the child support from your son's estate as that is a debt that remains collectible against his estate even though he has died. Since the 16 yr old daughter is a minor her mother would need to make demands and file court papers if necessary. If your son's wife refuses to provide information then his daugher's mother should retain an attorney to make demands and file a probate and/or a creditor's claim for the personal items and for the support. WARNING, there is a one year legal limit (statute of limitations) to file a lawsuit against your son's estate on behalf of the 16 yr old daughter. This is a procedure that a lawyer should be retained to do as the rules and law are complicated and deadlines and necessary filings cannot be missed. David L. Crockett, attorney/CPA/real estate broker.
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