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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
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My ex-husband passed away 17 Jan 2010. He was on Med-cal (I

Customer Question

My ex-husband passed away 17 Jan 2010. He was on Med-cal (I think). He owes back child support of over 15K without adding additional charges. He owns land, trailor and 3 cars in Ridgecrest. No will that we know of. His 1/2 sister has a Power of Attorney.
Whom do I contact to start a lein against the property for back child support? What recourse does my Daughter have (age 37) in locating a life insurance policy that was court ordered in 1980?
Thank you for your time
Submitted: 7 years ago.
Category: Family Law
Expert:  lwpat replied 7 years ago.
What I would recommend is that his daughter file in the probate court to be the personal representative of the estate. The POA ends at death and she has priority. Then she can take all of the assets of his estate as his heir assuming that there was no will.
Customer: replied 7 years ago.

If she does the probate, 3700$ retainer (which we do not have). and if she is the personal representative, she is RESPONSIBLE FOR OUTSTANDING BILLS...not a good way to go. We have not been close in years. Will Medical come in and DEMAND payment since he was 60 years old?

STILL...WHAT FORMS/where would I get forms for a LIEN against the property?

Expert:  lwpat replied 7 years ago.
She will not be responsible for his bills. His estate will be responsible and she will oversee the estate. If he was on Medicaid then they can place a lien against the estate. She can file on her own and then if she needs legal assistance pay for it form the estate funds. Once probate is opened you can file a claim against the estate.

An accept for my time is always appreciated.