Paying inheritance to deadbeat dad

[David]

My divorced brother walked away from his child and family over four years ago when his child support payments began to be garnished.He has not worked, payed taxes since this time. He has not contacted any of his family. He stands to inherit close to $100,000 when his parents die. As executor, how do I go about paying his back child support out of his inheritance before I give him his money? His ex has not gone after him because she does not want her son to think she was responsible if he ended up in jail. She allows me to get his son when ever I want and I want to make sure he gets what is owed to him and his mother.
David in Alabama

[Lee Borden]

As executor, you owe a fiduciary duty tn the beneficiaries of the estate. You should ask the attorney who is worknig with you on the estate, but my guess would be that the only debts you can pay as executor are those of the deceased and the estate, not those of beneficiaries.

If Mom doesn't want to collect the money, you can't collect it for her. You may have no choice but to cut the check. Then go home and take a shower.

[livealittle]

Lee, what about the executor letting DHR know about this money he's to inherit....if there was already an order for garnishment in place can DHR get involved if they are notified he's supposed to be getting this money?

I think it's great that the uncle wants to do right by his nephew and am grasping at straws here....

livealittle

[David]

Thanks for the information. I know I can get my nephew's mom to proceed with trying to get back child support before I cut the check so to speak. If she does this, what about "Friend of the Court" seeking the money he would get?

My brother took his last live in girl friend for over $20,000 (she mortgaged her house) to get him out of his debt to the IRS. He does not work to avoid the child support payments, he is counting on his "nest egg" from his parent's estate. I have no doubt that he will not report any money he gets and I know he will go through it leaving his son nothing in the future.

David in Alabama

[Lee Borden]

You should address these questions to the attorney who is helping you administer the estate. This is not my area, and I REALLY don't know, but I would expect the attorney for the estate to tell you that your duty is to the creditors and beneficiaries of the estate to maximize the proceeds they receive and that ANY ACTION you take not in furtherance of that goal is playing with fire.