Attleboro, MA asked in Child Support and Divorce for Massachusetts

Q: My ex husband died last month owin 8,000 in back child support. He owned the house with his brother which will be sold.

We all lived in MA & The house is in MA. My ex husband and i have 2 children who are 17 and next of kin for his assets which were under 25,000, there was no will. His brother is now sole owner of home but is going through a divorce and house will be sold. Can i put in a claim through the house for the 8,000 in child support owed since its not part of the estate? Hisbrother was a joint owner of the home & my kids are his next of kin. It wouldn't make sense to go after the estate for child support since it's all going to my kids anyway. I let's would hope that it would be able to come out of the house when it sells, since he basically just loses out of all of that money that he and I had put into our half of that house.

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Woburn, MA
  • Licensed in Massachusetts

A: You should hire a probate practitioner as there is a specific way to perfect a claim against an estate that must be followed . Was his brother a joint tenant of the real estate? If not then he may not be the sole owner.

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