Can I file a debt against my ex-husband’s wife’s estate on money owed to me?

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Can I file a debt against my ex-husband’s wife’s estate on money owed to me?

My ex-husband died 2 years ago without paying my awarded divorce settlement. His wife who inherited his estate died last month. Am I eligible to file a debt on her estate for what’s owed me? The divorce was 23 years ago and I never remarried.

Asked on May 29, 2012 under Family Law, Oklahoma

Answers:

Michael Gainer / Michael J. Gainer, Attorney At Law

Answered 9 years ago | Contributor

You could have filed a claim against HIS estate and they would have to have had to admit or deny the claim. If denied, it would have to be resolved, possibly through court. There are time limits in each state for filing a claim, typically 2 years, but often within 4 months of getting notice of any probate.  There is alos the question of waiting 23 years to collect from him.  Most state shave time limits for going aafter someone who owes you money, even if it is a judgment or order of the court. 

Filing a claim against her would probably not be successful, as property was transferred to her from your ex-husband after he died and you probably have no direct action against her.  Of course, it probably can't hurt to file a claim and see if it is honored.


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