Q: My Exes Mom Died and the estate is in probate, Can he disclaim his inheritance and avoid paying back child support?
He Owes back Child support for over 14 yrs, has never made a payment, and I have a court order and audit from child support services proving that he owes.
I also have proof that he has in fact benefited from the estate after he signed the disclaimer
There Was NO WILL left by his mother, The only heirs were him and his sister.....My Daughter was never mentioned.
There is over 170k in liquid assets in the estate. And the estate is worth 750K
A: Yes, he can disclaim his inheritance and he would then be treated as if he had predeceased his mother. The inheritance would then to go whoever would take if he had died before his mother.
A: Voluntarily giving up an inheritance that could be used to meet an existing child support obligation may be punishable as contempt of court in violation of existing support orders. You should seek the advice of a competent family law attorney. Also, the person disclaiming the inheritance does not get to choose who is next in line to receive the disclaimed property. Instead, the property will pass as outlined by the Will, if there one, or according to California intestate succession laws. Who knows, your child or children may be next in line. You should seek the advice of a competent family law and/or probate attorney.
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