My parent divorced in the late 80's early 90's. After very lengthy battle about everything, thanks to dad. My mother's divorce decree stated that instead of alimony, she was to get a property + each of the two children from that marriage were to have their father pay for 1/2 the college expense.
The property was settled early. My father (pretty much) helped with my community college without too much complaint (not half, but I am fine). However, my sister's university expense was not. My father stopped paying after the 1st or 2nd year. Hence, my sister acquired (on my mother's credit) a very large amount of debt. My mother is unable to finance much, at this point. My mother still harbors severe animosity regarding the issue toward my father and my sister. She has told me that she will go after his estate when he dies, if he dies before her. This is a problem because I am one of the executors of the estate, AND I have 5 other siblings from a previous marriage, who are not part of this issue at all. The other executor is my older half sister from father's prior marriage.
I really wish she would consider filling, arbitrating, or something, now. However, with the amount of time and money my father wasted with the divorce, I understand why she does not. I have expressed my desire for her to do this. She has said that, "She will look for the 'right thing' to be done when he dies." Which just leaves me empty inside, I hate being in the middle with divorce, and here I am again...
My questions are many:
1st- Is there a time limitation to my mother filing in this matter?
2nd- Is there a claim that can legally be filed against my dad's estate by my mother for this decree, even at over 20 years old?
3rd- If the debt is paid off before either party dies, can the estate still be held?
This is really going to tear the family ties up, between the first set of children and the second set of children. My dad will be dead, and they will look at it that my mom is taking their inheritance. They will say, "I was not part of that divorce. I did not get my university or college paid for. Why should I give up my inheritance because she had to go to such an expensive school?"