Inheritance exempt from back owed child support?

My aunt, along with my mom and 5 other siblings are going to be receiving the inheritance from my grandma and grandpa's estate. My grandma died last year, everything went to my grandpa. He had everything put into a trust; we are a blended family. My aunt was married to his son. He owes thousands in child support, and it just so happens, there is something in the trust that states "no money shall be used to pay child support and whatever else. How can this be legal, and how can they not go after it when it gets into his hands? Thank you

Winona, MN -

Attorney Answers (3)

Maury Devereau Beaulier

Maury Devereau Beaulier

Criminal Defense Attorney - Minneapolis, MN
Answered

The Will provision is not effectuive once the money has been received. Any financial resource that is controlled by the obligor may be applied to child support arrears.

CALL 612-240-8005 for a Consultation. Disclaimer: Nothing in this email message creates an attorney client... more
Sara Marie Grant Rojas

Sara Marie Grant Rojas

Family Law Attorney - Minneapolis, MN
Answered

I am a bit confused as to whether you want the money to go to child support arrears or don't want it to be used for child support arrears. In any event if you are wanting to see the money collected, the person who the money is owed to should contact a family law attorney experienced in child support collections to create a plan to collect this money. This person should not wait until the payor/obligor receives the money to contact someone. There needs to be a plan in place. Most attorneys, including myself offer free consultations.

I appreciate your endorsements! If you "agree," or found this response "helpful," please mark it as so. The Law... more
Matthew Thomas Majeski

Matthew Thomas Majeski

Child Support Lawyer - Woodbury, MN
Answered

This is a tricky question. Trusts can be set up such that the person has restricted access to the money, but it's not legally considered "their money". I know that sounds weird, but many trusts are set up that way for the express purpose of doing what it's doing (restricting the ability to force the money to be used for child support). I would consult a family law attorney in your area to review the documents and see if there is a way to breach the trust instrument and access the funds, but don't get your hopes up.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more

Related Advice

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.