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legalgems
legalgems, Lawyer
Category: Legal
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Experience:  Just Answer consultant at Self employed
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My ex husband band died without a will owing me $33,000.00

Customer Question

my ex husband band died without a will owing me $33,000.00 in back child support. Since my son was his only living relative, he was contacted and collected $60,000.00. My question is, did I not have legal claim to that money, and if so, I would like to take action.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: I am in Texas but he died in S. Carolina.
JA: Has anything been filed or reported?
Customer: He received the money in Feb., so not sure.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.
Category: Legal
Expert:  legalgems replied 4 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 4 months ago.

I am sorry to hear this;

yes, a person that is owed child support would need to submit a claim to the probate court so that the personal representative can pay any valid claims.

Here is the code that authorizes the creditor to submit a claim:

SECTION 62-3-104. Claims against decedent; necessity of administration.

No claim may be filed against the estate of a decedent and no proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative, except as provided in Section 62-3-804(1)(b). After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this article [Sections 62-3-101 et seq.]. After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in Section 62-3-1004 or from a former personal representative individually liable as provided in Section 62-3-1005. This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.

HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.

So if the personal representative did not follow proper procedure the PR can be liable for the claim.

One would need to contact the court clerk to determine who the PR is.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 4 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html