Death of ex husband

Would anyone know if I can claim unpaid child maintenance from an ex husbands estate as I have recently found out that he died just over a year ago? (That’s if he had anything)
I know that he married again and had a child with his 2nd wife.

Comments

  • Hoenir
    Hoenir Posts: 1,881 Forumite
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    Unpaid as in arrears owed. 
  • km1500
    km1500 Posts: 2,293 Forumite
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    quite often the first line of a will says something along the lines of i direct all my debts and a funeral expenses be paid before going on to list beneficiarys etc

    if you have an unpaid debt then you should contact the executor. once probate has been granted you can download a will for £1.25 I believe and find out who the executors are
  • user1977
    user1977 Posts: 13,881 Forumite
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    km1500 said:
    quite often the first line of a will says something along the lines of i direct all my debts and a funeral expenses be paid
    And even if it doesn't say that (or there wasn't a Will) it's a basic legal principle that the estate is liable for the deceased's debts. Short answer is yes, if he owed money at the debt of death then the estate has to pay it (assuming it has the funds).
  • swingaloo
    swingaloo Posts: 2,705 Forumite
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    Do you have proof of how much he owed you up until his date of death?
  • elsien
    elsien Posts: 32,634 Forumite
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    Unpaid as agreed and not paid or unpaid as in you never managed to get an agreement from him in the first place?


    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • WYSPECIAL
    WYSPECIAL Posts: 641 Forumite
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    Was it formally assessed by CMS or ordered by a court and the failure to pay reported?

  • The outstanding amount was assessed by the CMS. I wasn’t informed of his death but came across it when doing some family tree work. As for your comment @diego_94 you don’t know the full circumstances of myself my child and my ex husband and your comment isn’t appreciated. What I will say though is that he owed £26k and avoided his duty to pay for his child while growing up and never attempted contact with his child.
  • Marcon
    Marcon Posts: 10,524 Forumite
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    edited 26 March at 2:58PM


    The outstanding amount was assessed by the CMS. I wasn’t informed of his death but came across it when doing some family tree work. As for your comment @diego_94 you don’t know the full circumstances of myself my child and my ex husband and your comment isn’t appreciated. What I will say though is that he owed £26k and avoided his duty to pay for his child while growing up and never attempted contact with his child.

    See https://www.gov.uk/search-will-probate and check if probate has been granted (assuming it was needed). You can download a copy of his will, if there is one, for £1.50.

    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Thank you for the link Marcon, I have had a look and no results came up so it looks like no will was made before he passed. 
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