Use of the word probate here isn't what you want. You should file a claim against the estate like any other creditor. In addition, his child(ren) should be beneficiaries of the estate, particularly if there was no will.
Yes, if the statute of limitations for such action has not expired.
For child support and spousal support, once the individual dies, the estate is no longer responsible for any continuing payments. However, if there are arrears, then the estate would be responsible. The party owed the arrears should file a claim against the estate in probate court.
The exact procedure depends on your state of residence, but generally, if there are assets in the deceased parent's estate, they will be filed in the probate court in his county of residence and you will need to file a claim for diversion of assets. You should consult an attorney, a child support advocate or the clerk of the family and/or probate court.
No. The parent must seek appointment as representative of the estate through the probate court.No. The parent must seek appointment as representative of the estate through the probate court.No. The parent must seek appointment as representative of the estate through the probate court.No. The parent must seek appointment as representative of the estate through the probate court.
It is normal for a child to inherit from a parent. A minor will get a share of the estate in the probate process.
no
husbands income does not count and is irrelevant
Yes if she follows the right steps. She should file for a lien for the arrearages through the family court and file the lien against the estate as soon as possible.
No.No.No.No.
no
The question is totally unclear. WHO has the rights to WHOSE estate? Whose estate are you asking about? The oldest childs, or the ex-husbands?AnswerIf by estate you mean the property one leaves after death, your child may be entitled to a portion of her father's estate if he died intestate (without a will) and owned any property in his sole name. You can check the laws of intestacy for your state at the link provided below.
If the child had not been adopted, this would need to be interpreted by a probate judge.