How Does Minnesota Intestate Law Handle Delinquent Child Support for Adults?

Question from Sassy, How Does Minnesota Intestate Law Handle Delinquent Child Support for Adults?

Answer from AI:

When someone dies without a will in Minnesota, their estate is distributed according to the state’s intestate succession laws. However, if the deceased owed child support, this can complicate matters, especially if the child is now an adult. Here’s a general overview of how Minnesota intestate law addresses delinquent child support for adults.

Understanding Intestate Succession in Minnesota

When a person dies without a will, Minnesota’s intestate succession laws determine how their estate is distributed. The laws are outlined in the Minnesota Statutes, Chapter 524. Generally, the estate is distributed to the closest relatives in the following order:

1. Spouse and children
2. Parents
3. Siblings
4. More distant relatives

For more detailed information, you can refer to the [Minnesota Statutes, Chapter 524](https://www.revisor.mn.gov/statutes/cite/524).

Delinquent Child Support Obligations

If the deceased owed child support, these obligations do not disappear upon their death. The unpaid child support becomes a debt of the estate. Here’s how it generally works:

• Priority of Claims: Child support arrears are considered a priority debt. This means they must be paid before most other debts and distributions to heirs.
• Filing a Claim: The person owed the child support (often the custodial parent) must file a claim against the estate. This is typically done through the probate court.
• Statute of Limitations: In Minnesota, there is no statute of limitations for collecting child support arrears. This means the claim can be made regardless of how much time has passed.

Steps to Take

If you are dealing with delinquent child support in the context of an intestate estate, here are some steps you might consider:

1. Consult a Legal Professional: Given the complexities involved, it’s advisable to consult with a family law attorney or probate attorney. They can provide personalized advice and help navigate the legal process.
2. File a Claim: Ensure that a claim for the unpaid child support is filed with the probate court handling the estate.
3. Gather Documentation: Collect all relevant documentation, such as court orders for child support, payment records, and any correspondence related to the support obligations.
4. Attend Probate Hearings: Be prepared to attend probate court hearings where the estate’s debts and distributions are discussed.

Resources and Further Reading

For more information, you can refer to the following resources:

• [Minnesota Judicial Branch – Probate](https://www.mncourts.gov/Help-Topics/Probate.aspx): Provides general information about the probate process in Minnesota.
• [Minnesota Department of Human Services – Child Support](https://mn.gov/dhs/people-we-serve/children-and-families/services/child-support/): Offers resources and information on child support services in Minnesota.

When to Seek Legal Advice

Navigating the intersection of intestate succession and delinquent child support can be complex. It’s crucial to seek legal advice to ensure that your rights are protected and that the process is handled correctly. A legal professional can provide guidance tailored to your specific situation and help you understand your options.

Remember, this information is intended to provide a general understanding and should not be considered legal advice. For personalized assistance, always consult with a qualified attorney.