Lien on obligor's share of a decedent's estate, when, procedure
If someone owes back child support or spousal support, the person or agency they owe money to can place a lien on whatever share of a dead person's estate the support-payer is supposed to inherit. To make this happen, a written notice has to be filed with the probate court, mailed to the person handling the estate, and — if real estate is involved — filed in the county where the real estate is. Once the notice is filed, the person handling the estate must pay the owed support out of the inheritance before giving the rest to the support-payer. If the person handling the estate fails to do that, they can be held personally responsible.
454.514. on 's share of a 's , when, procedure — notice, contents, filed where — on for failure to pay — notice to or required, when. — 1. The , or the may cause a lien for unpaid and or to be placed upon an obligor's of a decedent's estate.
2. No such lien shall be effective unless and until a written notice is filed with the clerk of the in which the decedent's estate is being administered, a copy of the notice is sent by regular United States mail to the personal representative of the decedent, and, if the obligor's distributive share includes , in the real estate records of the county where the real estate is located. The notice shall contain the name and address of the obligor, the Social number of the obligor, if known, the name of the obligee, and the amount of delinquent child or spousal support.
3. The lien shall attach to the obligor's distributive share upon the of the notice of the lien with the clerk. Thereafter, the personal representative of the decedent shall pay to the obligee, director or the director's , the lesser of the obligor's distributive share or the unpaid and delinquent child or spousal support. If the personal representative fails to pay the obligee or the state of Missouri, as the case may be, the personal representative shall be liable upon the 's bond to the obligee or the state of Missouri.
4. In cases which are not to cause a lien the of this section the obligee or the obligee's attorney shall file notice of the lien with the lienholder or payor. This notice shall have attached a of the with all modifications and a by the obligee or a from the court attesting to or certifying the amount of .
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Source & history notes
(L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361) Effective 7-01-97
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.