Gaithersburg, MD asked in Estate Planning for Virginia

Q: I'm administrator for an estate in Gloucester County, VA. Am I obligated to research back child support of beneficiary?

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1 Lawyer Answer
Jay Braddock Jackson
Jay Braddock Jackson
  • Estate Planning Lawyer
  • Fredericksburg, VA
  • Licensed in Virginia

A: When a person dies owing back child support, the debt passes to the estate. That debt is owed to the custodial parent and not to the child. Normally, this person would need to file a claim with the probate court in order for the debt to be recognized. It does not appear that you, as administrator have an affirmative duty to research the issue. You may ask the Commissioner of Accounts to conduct a Debts and Demands Hearing. At that time, all persons and entities to whom the estate owes money are required to submit their claims.

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