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I am feeling emotioanlly harrassed


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#1 Mrs.Mom

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Posted 15 January 2013 - 05:43 PM

My father has been dead almost a year, and still owed child suport for my sibblings and I. My oldest sibbling and i have notified SS, welfare, and even child suport with in two days of being notified of his death. SS and welfare have been more than amazing by never contacting me again about my father. However, child suport kept sending letters about child suport that my father owes. I have called the number availible on the letters a few times and told them that my father is decesed and to please stop sending letters to my home because it is upsetting me. I keep getting letters... I keep bawling my eyes out, and I am getting even more upset. It seems that everytime I finally stop crying about the passing of my father, I get another letter that reminds me of him and start the crying prosses all over again. Even worse, since my father did not know how to read or write I took care of all his paper work for him and now it is haunting me, and I feel like Child suport is emotionally harrasing me.
Please help I don't know what else to do!

#2 Tax_Counsel

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Posted 16 January 2013 - 02:19 AM

Unfortunately, child support arrears don’t disappear when the parent who owes the support dies. Instead, it becomes an obligation of the deceased parent's estate. Has anyone opened probate and been named executor or administrator of his estate? If so, then give that executor or administrator copies of the letters that the state child support has sent you because it is the estate’s obligation to pay it. You should also in that case send a letter to the child support people telling them that there an executor or administrator for the estate and provide the contact information for the executor or administrator. From there, it would be up to the executor or administrator to deal with it, and your contacts with the state should cease.

If there is no estate open for your father, did he have any assets when he died? If the answer is no, then there is nothing for the state to get here. In that case, I suggest you send a letter to the child support office with a copy of the death certificate and explain that he’s deceased, had no assets, and for that reason there is no probate taking place. Keep a copy of the letter and all attachments you send. Doing this kind of stuff in writing is always preferable than phone calls because you build up a trail of evidence for the efforts you’ve made to resolve the problem.

#3 pg1067

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Posted 16 January 2013 - 07:47 AM

My oldest sibbling and i have notified SS, welfare, and even child suport with in two days of being notified of his death. SS and welfare have been more than amazing by never contacting me again about my father.


It's not clear for what purpose you contacted these entities or why you might expect them to contact you.


However, child suport kept sending letters about child suport that my father owes.


"Child support" is a monetary obligation that one person owes to another. It is not a person or entity that is capable of contacting other persons and entities. Therefore, I assume your intent here is to refer to some sort of local child support enforcement authority.


I have called the number availible on the letters a few times and told them that my father is decesed and to please stop sending letters to my home because it is upsetting me. I keep getting letters.


Presumably, the child support enforcement authority is contacting you because it believes you are the appropriate person to contact on behalf of your father's estate regarding his unpaid support obligation. Given your statement that you "took care of all his paper work for him," that seems to be a reasonable assumption. The questions are whether your father's estate was probated under the laws of his state of residence and what became of his estate assets? Was any sort of general notice to creditors ever given in compliance with the applicable state law? If so, was one sent to the child support enforcement authority? If you and your sibling took possession of assets belonging to your father's estate without paying creditor claims or giving appropriate notice, you could potentially be liable up to the value of the assets received.

I suggest that you speak with a local probate/estate attorney to discuss the situation and to obtain advice.

#4 Guest_FindLaw_Amir_*

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Posted 16 January 2013 - 08:36 AM

I agree with the previous poster, this is a matter you may want to discuss with a local Probate & Estate Administration Lawyer to address. I also suggest you visit the Estate Planning Center and read Probate to learn more about this subject matter.




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