Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 8 months ago

I’ve received a back child support check issued to my deceased mother. Is there a way I’m able to receive the funds being her beneficiary?

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  • Foofa
    Lv 7
    8 months ago

    That would become part of her estate and if you're the sole beneficiary of that estate the money would eventually go to you. If she died intestate though (no will) it would be tied in the probate process along with everything else she owned.

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  • 8 months ago

    The money goes into her estate. IF you are the only heir, then you end up with it.

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  • PAMELA
    Lv 7
    8 months ago

    You need to ask a lawyer, the support was hers and is now part of her estate, did she leave a willl? get legal advice.

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  • 8 months ago

    Child support is for the parent looking after the child Is this arrears for a period before she passed away? Then it forms part of her estate and needs to dealt with accordingly. If it is for a period after she passed away then you need to send it back and tell them the date on which she passed.

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  • 8 months ago

    Payments that are in arrears do NOT terminate upon the death of the payee. It is money that should have been paid and was not. They become part of the payee's estate. The estate must clear probate before anything can be distributed to to beneficiaries. However, in this case, unless the beneficiary is the child the payments were paid to the mother for, an executor who is conscientious should treat that money separately and pay it to that child before dividing the remainder of estate assets equally according to the will. If the child in question is not named in the will, then while the money is technically part of the estate, the other beneficiaries are jerks if they object to the money going to the child.

    However, all estate debt comes first, and if that means the child support money must go toward paying debt, so be it.

    Child support payments that are NOT in arrears may be treated differently, and that can vary from state to state. In one state, current payments may terminate upon the death of the payee/custodial parent. If custody goes to the non-custodial parent who is making the payments, then of course the payments would stop. Every state can have its own rules on this.

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  • 8 months ago

    It might depend on your age. Are you still considered a child or are you an adult now.

    Worst case scenario you can contact I estimate it to be your father, and see if he is still willing to help you out financially. But don't take advantage of him, if you are an adult now.

    • STEVEN F
      Lv 7
      8 months agoReport

      DEAD WRONG. The age of the 'child' when the PAST DUE payment is received is the one thing that NEVER matters.

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  • 8 months ago

    You'd have to talk to the executor of the estate or a lawyer. If it's considered part of her estate, it would go however she left her assets. If it's true that child support claims are no longer valid after the parent receiving the child support dies, then you're out of luck. Child support is for the parent to pay the costs of housing, clothing and feeding the child.

    • Frank8 months agoReport

      In our state child support continues after the custodial parent is deceased.

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  • Anonymous
    8 months ago

    What does her Will say? Does it need to be probated? Has it been probated?

    In MY State child support dies/end when the recipient dies. Your mother is the recipient. The check would be without value.

    It does not automatically go to you.

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    • STEVEN F
      Lv 7
      8 months agoReport

      In NO jurisdiction does a PAST DUE amount go away because the person it is owned to dies.
      You are 100% DEAD WRONG in your analysis.

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