Q: My ex husband just passed and owes $15,000 in back child support. Can this be recovered?

A: Maybe, it depends on whether there is a probate and what assets exist that are probated. You would make a claim against the probate estate and if there are enough assets then you could possibly get reimbursed. You will want to check with the clerk of the court in the county where he lived to see if a probate has been opened and started and then make a claim based on what you are owed. If nothing has been opened, then you may want to file a caveat with the court so that you will be given notice if and when a probate is filed and opened so that you can be on notice to make/submit your claim. You son, based on age (under 18) may also have a claim potentially. It will also matter if there is a Will or not to some degree.

A: I agree with Mr. Gunther but would like to add that if your son is a minor, he could pursue a claim for sexual molestation against his fathers estate through you as his guardian. You should retain counsel here in Florida on contingency fee which means you don’t pay anything unless you win. I have done several of these cases and have been successful.

A: And also just to supplement my previous response. If his wife or another adult in his house where the sexual molestation happened, knew or should’ve known about the conduct and failed to take steps to stop it, then that adult would also be legally responsible for your child’s damages. A potential source of recovery would be the homeowners insurance policy that would cover the adults who failed to stop this conduct. This is a rather easy argument to make based on the standard of “should have known.” Once again, you should retain counsel here in the state of Florida on contingency fee, which means you don’t pay anything unless you win the case.