Franklinton, NC asked in Probate for District of Columbia

Q: Can the executor of an estate filed in D.C. probate court limit claim payment from divorce order?

They said they are limited to pay a max 36months/3years of payments instead of all from divorce decree property order the deceased never paid?

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Probate Lawyer
  • Potomac, MD
  • Licensed in District of Columbia

A: It is difficult for me to understand your question the way you have written it, but if I understand you, it's an interesting question that may need to be resolved by a judge. It sounds like the personal representative is relying on the three year statute of limitations to limit back payments to unenforced payments prior to the claim. This doesn't sound right if it is applied to a judgment. It doesn't sound right if it applies to a court order of child support. It might be right if if is a claim that was not adjudicated during the time of the decedent, but that claim may be entirely barred. I think you need a consult with a lawyer, and this may require a bit of research.

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