Waldport, OR asked in Real Estate Law for Oregon

Q: Can anyone demand payment for anything from me if I have a living estate.

The next of kin whom recieves the property upon my death is demanding payment from me for my kids living here

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
  • Portland, OR
  • Licensed in Oregon

A: First of all I have never heard of a living estate. Maybe you mean a revocable living trust? If that's what you mean putting you property into your own revocable living trust doesn't make your property unavailable to your creditors, least of all your obligation to pay child support. But child support is only if your children are minors (under age 18) or young adults age 21 or under but attending school full time. So if they are older then that you don't owe current child support although you could still own unpaid back child support. As for your next of kin, they have no rights to ask you to pay them child support for your children until they obtain legal custody through a court proceeding. This really sounds like something you should discuss directly with an Attorney.

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