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Support Arrears- owed to deceased ex-spouse

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macgirlee

Junior Member
What is the name of your state? MN

What happens to child support arrears that are all due to a deceased ex-spouse (cancer)? All of the "children" are now in their 20's and are no longer covered by a support order- it is all arrears fully due only to the (now) deceased spouse. Does this become part of her estate, can the amount due be "left" to her heirs (including husband at time of death)?

Is there any sort of paperwork that needs to ber filed with the courts?

Any direction would be appreciated. She passed away several months ago, and we've only just found that out. Someone has been cashing the state-issued checks (he pays state, state issues her a check), but we don't know who. Was this illegal?
 


LdiJ

Senior Member
macgirlee said:
What is the name of your state? MN

What happens to child support arrears that are all due to a deceased ex-spouse (cancer)? All of the "children" are now in their 20's and are no longer covered by a support order- it is all arrears fully due only to the (now) deceased spouse. Does this become part of her estate, can the amount due be "left" to her heirs (including husband at time of death)?

Is there any sort of paperwork that needs to ber filed with the courts?

Any direction would be appreciated. She passed away several months ago, and we've only just found that out. Someone has been cashing the state-issued checks (he pays state, state issues her a check), but we don't know who. Was this illegal?

I do believe that its possible that the arrearages could be part of her estate. Any other debts owed to her would be part of her estate so its logical that CS arrearages could be as well. It would really depend on state law. The executor of her estate would be legally permitted to cash any checks that arrive in her name.
 

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