Any family member or "person of interest" has the legal right to contest a will. However, the plaintiff has little chance of being successful unless the will can be proved invalid.
There are several things to look for in contesting a will. Was the will written before your birth? Some states specify that those born after the will are automatically added to it. Are you a minor? If so the court will look to benefit the state by avoiding having another person to support and provide somoe of the assets to a trust for the minor. Consult a probate attorney for further help.
yes, but there might be a claim on the estate for any unpaid support
No, you can't. First, you can't sue a parent for child support. Second, there is nobody to collect it from since your father has passed. However, if your father has an estate you could contact the attorney handling the estate or a private attorney to determine if you have any rights in his estate as an heir at law.
If your father was left the house of your grandmother and he is now deceased then the house is included in his estate and the heirs of his estate are entitled to their share of the residues left after exection of the will
The back child support is still a debt. The estate should make a claim against the father. The money is still owed to the mother. Whether your wife receives any of it will depend on the estate and what bills are owed.
In most states it will not be included in the calculation
Yes, a half sister can share in her fathers estate if she was the blood daughter of the father.
yes, and in states like Missouri, the paternal grandparents estate, also if they are still living at the time the father passed away.
If he had a lawyer there may be a will and you should be able to find out from the lawyer if you are included. The Executor of his estate may also have the will and you should be able to see a copy or at least find out. Otherwise his estate will go to probate court and the judge will determine how the estate is divided.
Only if he's included in the claim.
His widow is not your child's parent, is not responsible for supporting your children and cannot be sued for child support. However, if the deceased father left behind an estate, the mother can file a claim against the estate for child support and/or child support arrears. The court will use a method to arrive at a figure depending on the jurisdiction.
Pre-school (daycare provided prior to starting Kindergarten) is considered child care and will be included in child support calculations. Most states require that each parent pay 50% of child care costs, and the non-custodial parent will have these costs included in his or her monthly child support payment. For example, child support might be calculated at $200 per month. If daycare/preschool is $600 per month, then the total monthly child support amount would increase to $500 ($200 + $300). Your custody agreement may specify something different however. Also, most states cap the amount of child care costs included in child support at only those costs that are deemed reasonable amounts. If the preschool is excessively expensive, the amount may be reduced.
The imidiate family has the right to their fathers estate.
Obviously the parent can not pay child support if the parent dies. You can go to the social security office and apply for survivor benefits for your child. The decease parents work credits will be calculated and you and the child will receive a monthly check from social security and possibly a one time payment of $250.00 as well. These payments will continue until the child is 18 or graduates highschool. If the parent who has died would be eligible for a tax return you can also file for that on behalf of the child on the upcoming tax year. Also, do not forget that your child has a claim to the decease parents estate. In most jurisdictions in the United States the minor child will be an heir at law of the father's estate if he has an estate. Even if the father had a will and left his estate to someone else the minor child is entitled to a portion by law.
If back child support was owed at the time of the mother's death then any payments still owed would be paid to her estate to then be distributed to her heirs.
It will depend on the specific wording of the will. In most cases they would get their father's share of the estate.
In most cases there will be none. The estate was left to the brother.
No. The step father has no legal standing on which to sue for child support.No. The step father has no legal standing on which to sue for child support.No. The step father has no legal standing on which to sue for child support.No. The step father has no legal standing on which to sue for child support.
Can you get child support inArkansasif their father is incarcerated
Usually the parent paying child support will be required to continue support until graduation. This should be included in your court order if you have one.
The role of the father is that of protection, support, and care. The father can also provide moral support.
If my father died without a will and he have lawful children. And iligimate children who get his estate
The mother can file a claim against the father's estate. She should seek legal advice or speak with a court advocate about how and what to file.
No, not unless you have a written contract that provides you will get paid from the estate.
This assumes that you're asking about retroactive support (support due for a period prior to the entry of the first order), not unpaid support that accrued as the result of an order). Retroactive support is typically included in the first order entered in the case.
If you are the child's father then you really have little legal support to not support your child. Your child is legally entitled to your financial support.