Q: Do I receive the back child support if he had a lien? Do my kids need an attorney to receive the settlement as next kin
My kids father passed away and he had a settlement for unpaid settlement from a vehicle accident.
A: If the father died without a will then his children would be next of kin and would inherit the rights to pursue his claim. Also, if he had children other than the one(s) he owes child support for, then the lien for back-due support would be owed before any of the other money is distributed. I would certainly recommend speaking with an attorney to ensure your rights are protected and to ensure that proper steps are taken to place the insurance company on notice of the lien.
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