[WSBAPT] Estate of Decedent Owed Child Support from Former Spouse

Marcus Fry mfry at lyon-law.com
Thu May 28 10:58:07 PDT 2020


Jakob:
I haven’t heard of this, but doesn’t child support belong to the children (who are now adults) not the parent (decedent)?  I believe the statutory recovery period is 10 years from the date that the last child turns 18, but I don’t have the cite.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jake Seegmuller
Sent: Thursday, May 28, 2020 10:48 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Estate of Decedent Owed Child Support from Former Spouse

Hi Listserv,

We are administering an estate in Washington with relatively modest assets. The Decedent left two adult sons as heirs. No estate planning was done at the time of her passing. Decedent was owed Child Support well over $100,000 by her former spouse. A call into DCS with the assigned agent suggested that the debt "dies" with the person who requested the child support. Is this correct? And if not what remedies can the estate take to collect on these owed claims, if any?

I appreciate your feedback whether on or off-list.

Sincerely,

[http://dev.letsconstellate.com/nwll/nwll-logo-color-small.png]
Jakob O. Seegmuller
Attorney
nwlegacylaw.com<http://nwlegacylaw.com/> | 360-975-7770

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