Lien on obligor's share of a decedent's estate, when, procedure — notice, contents, filed where — personal representative liable on bond for failure to pay — notice to lienholder or payor required, when.

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  5. Lien on obligor's share of a decedent's estate, when, procedure — notice, contents, filed where — personal representative liable on bond for failure to pay — notice to lienholder or payor required, when.

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Effective - 01 Jul 1997

454.514. Lien on obligor's share of a decedent's estate, when, procedure — notice, contents, filed where — personal representative liable on bond for failure to pay — notice to lienholder or payor required, when. — 1. The director, IV-D agency or the obligee may cause a lien for unpaid and delinquent child or spousal support to be placed upon an obligor's distributive share 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 probate court 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 real estate, in the real estate records of the county where the real estate is located. The notice shall contain the name and address of the delinquent obligor, the Social Security 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 filing 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 designated agent, 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 representative's bond to the obligee or the state of Missouri.

4. In cases which are not IV-D cases to cause a lien pursuant to the provisions 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 certified copy of the court order with all modifications and a sworn statement by the obligee or a certified statement from the court attesting to or certifying the amount of arrearages.

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(L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361)

Effective 7-01-97


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