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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32154
Experience:  Began practicing Family Law in 1992
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When I got divorced, my ex owed me money which I never

Customer Question

When I got divorced, my ex owed me money which I never received. It was ordered by the judge in our final decree. He moved to our home state (I've tried to get my money many time with no luck). A few years ago he wanted me to sign some papers saying he paid me in full, (he stated my lawyer took all the money) which I refused. He did remarry and recently passed away. Is there any way I can get the money he owes me from his social security, pension, estate, etc. or is there a statue of limitations and if so for how long?
Submitted: 3 months ago.
Category: Family Law
Expert:  JD 1992 replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

When did you get divorced?

Customer: replied 3 months ago.
In 1991
Expert:  JD 1992 replied 3 months ago.

There can be an issue with the statute of limitations and that is definitely something you are going to have to address.

However, you can make your claim against the estate. Do you know if anyone has opened a probate?

Customer: replied 3 months ago.
No idea
Expert:  JD 1992 replied 3 months ago.

Just to make sure, no part of this is from spousal support or child support is it?

Customer: replied 3 months ago.
No support or child support
Customer: replied 3 months ago.
From our bank account
Expert:  JD 1992 replied 3 months ago.

Just checking because the rules are totally different.

What you will do is file as a creditor in the probate. If no one opens a probate soon then you can open it as a creditor. You probably want to hire lawyer to file the claim and handle everything for you and it may even be possible to get the attorney's fees back. If the claim isn't filed exactly correct then you will have waived the right to collect and there's no other way to go after the money now that he is dead.

There is also a very limited time in which to file your claim. I would assume that if the new wife files for the probate she probably will not send you notice of the probate or the Notice to Creditor but she will publish it in the newspaper and then you will still be under the same time restrictions.

You can find a lawyer to assist you by going to and in the section for Area of Practice enter Probate Law.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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