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 payo

MISSOURI STATUTES AND CODES

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 payo

Lien on obligor's share of a decedent's estate, when,procedure--notice, contents, filed where--personal representativeliable on bond for failure to pay--notice to lienholder or payorrequired, when.

454.514. 1. The director, IV-D agency or the obligee may cause alien for unpaid and delinquent child or spousal support to be placed uponan obligor's distributive share of a decedent's estate.

2. No such lien shall be effective unless and until a written noticeis filed with the clerk of the probate court in which the decedent's estateis being administered, a copy of the notice is sent by regular UnitedStates mail to the personal representative of the decedent, and, if theobligor's distributive share includes real estate, in the real estaterecords of the county where the real estate is located. The notice shallcontain the name and address of the delinquent obligor, the Social Securitynumber of the obligor, if known, the name of the obligee, and the amount ofdelinquent child or spousal support.

3. The lien shall attach to the obligor's distributive share upon thefiling of the notice of the lien with the clerk. Thereafter, the personalrepresentative of the decedent shall pay to the obligee, director or thedirector's designated agent, the lesser of the obligor's distributive shareor the unpaid and delinquent child or spousal support. If the personalrepresentative fails to pay the obligee or the state of Missouri, as thecase may be, the personal representative shall be liable upon therepresentative'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 theprovisions of this section the obligee or the obligee's attorney shall filenotice of the lien with the lienholder or payor. This notice shall haveattached a certified copy of the court order with all modifications and asworn statement by the obligee or a certified statement from the courtattesting to or certifying the amount of arrearages.