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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36221
Experience:  Attorney with 16 years experience
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My 20 yr old son died 5/15/15, I have had a small gerber grow

Customer Question

My 20 yr old son died 5/15/15, I have had a small gerber grow up plan for him since he was a baby. I divorced his bio "dad" 15 yrs ago, and raised my son on my own with no child support from him whatso ever, he hid and dodged taxed employment to avoid being found. the life policy for my son is now saying that he is listed as father on birth certificate, and therefore gets half of the policy money $2500.00. what can I do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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I am very sorry to hear of your son's death, please accept my condolences on your loss as I know you must be going thru a lot right now.
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Was there ever a formal child support order entered through the courts for your son?
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Thanks
Barrister
Customer: replied 1 year ago.
yes, but CSE did nothing much more than send him threatening letters, and take his drivers license. he still did nothing. I gave up after 10 years because of the mental stress it was causing me. As far as I know they didnt take him back into court, or arrest him , the communication was never great, Lake County Colorado, Eagle County Colorado, didnt seem like the CSE office people were very proactive, knowledgable, or understaffed.
Customer: replied 1 year ago.
I instated the child support enforcement the day of the divorce, 6/23/00,
Expert:  Barrister replied 1 year ago.
Ok, from a purely legal perspective, if son passed without a will in place, wasn't married, and had no children, then parents would inherit his estate equally under the state intestacy laws.
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However, if he owes back support, there is no statute of limitations on the support order or any arrearages. So you could notify them that he would be entitled to half the proceeds of the life insurance and see if you could get them to file for an intercept of his half to seize it and apply it to the delinquent support order.
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thanks
Barrister
Customer: replied 1 year ago.
Thank you, ***** ***** try that route first thing in the mirning
Expert:  Barrister replied 1 year ago.
You are very welcome. Glad to help anytime...
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thanks much
Barrister