6 Replies to “If my childs father dies can i claim child support from estate?”

  1. Yes, you would be considered a creditor of the estate. Also, your child may have inheritance rights to any assets of the estate. You should contact an attorney to help you. Laws vary from state to state.

  2. If the child is a minor, than the support of the child is supposed to continue and any back support paid. If the child is of legal age, then while back support certainly is a legitimate bill against the estate, the question becomes is it really worth it.
    This answer is based on a presumption that the estate is solvent (able to pay its bills).

  3. Yes, and you should do it as soon as possible. If the child is under 18, you would also receive SSI benefits until that age.

  4. YES. Get an attorney NOW.
    Hopefully you were married to the father when the child was born or established paternity or have order of child support. . . . otherwise it’s MUCH more difficult. . . .
    Your child may have inheritance rights if he died intestate (without a will).
    Your child may also qualify for social security benefits due to father’s death.

  5. Sure can. But it is time sensative. You may have to have the child support office submit the appropriate paperwork to the holder of the estate for you. And selling off an estate takes time as well, so you must be patient. Also in the meantime, you child may be eligible for survivor benefits from social security. You will probably need a copy of the death certificate & your child’s birth certificate, & you would file for it at your local social security office.

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