Can you file a claim for unpaid maintenance and marital property debt against the estate of an ex spouse?

In the event that an ex spouse dies with unsatisfied debt, can the surviving ex spouse file a claim against the estate for unpaid marital debt and maintenance. Can you also file a claim for future child support?

Can you file a claim for unpaid maintenance and marital property debt against the estate of an ex spouse?
You could for the debt if you also owe it. You can not for future child support, but you could for any child support that was never paid up until their death.
Reply:yes on the unpaid bills... no on child support.





But you CAN get his social security for the children if they are under 18 (or under 24 and still in school)
Reply:For the unpaid debt more than likely but for the child support I don't think so but I could be wrong.
Reply:I guess you could. However would you end up having to sue your own children for their inheritance from their dad. This does happen you know. the love of money destroys families and scars off spring for life.
Reply:Unsatisfied debt? Was he found liable BEFORE his death by a court of compentent jurisdiction that the debt was owed? Then yes, you have a claim on the estate.





Unpaid marital debt? Do you mean alimony and child support? Same answer as above.





Future child support? Meaning support of an existing child Yes, to the limits of the value of the estate. But there are limitations to a separate estates' liabilities. Mostly these issues are covered by court decrees requiring the father to provid for support through life insurance.





Prior claims on the estate can cloud the particulars.





FYI. In most states there is period of time in which you can make a claim on an estate. That time is 60-90 days from the date the official death notice was placed in the paper by the Independant Personal Representative (executor/executrix) . This date is NOT the date the death was announced in the obituaries page, but rather a separate legally required notice of his death placed by either the lawyer or the Individual Personal Representative.





Make your claim in writing to the IPR and state with SOME specifity the nature and amount of your claim. You will get a response back (the law requires either acquiesence or repudiation of the claim within 30 days of receipt)





Then get a lawyer to help you further your claim.