Bars parent delinquent in child support payments under certain circumstances from inheriting any part of deceased child's estate or from administering estate.

2026-2027 Regular Session Introduced by Britnee Timberlake

Delinquent child-support parents would be barred from inheriting from or administering their deceased child's estate.

Introduced in the Senate, Referred to Senate Judiciary Committee

Summary of Bill S 4528 (New Jersey, 222nd Session)

Purpose and intent

The bill seeks to penalize parents who are delinquent in child support by restricting their eligibility to inherit from or administer their deceased child’s estate under certain conditions.

Specifically, it bars a parent who is delinquent in child support payments from:

inheriting any part of their deceased child’s estate, and
administering the estate (i.e., acting as fiduciary or personal representative) of the deceased child.

Key provisions and changes

Inheritance prohibition: If a parent has unpaid or overdue child support, they would be disqualified from receiving any portion of the deceased child’s estate secured by intestate succession, will, or other estate planning instruments.

Estate administration prohibition: The bill prohibits a delinquent parent from serving as the executor or administrator (or equivalent fiduciary role) of the deceased child’s probate estate.

Scope of delinquency: The measure targets “delinquent” child support, which typically includes amounts that are overdue and owed under a court order or signed agreement.

Relationship focus: The prohibition directly applies to biological or legally recognizedParent/child relationships where the parent is the one due to receive inheritance or appointment as estate administrator.

Who would be affected

Parents who are legally obligated to pay child support and who are currently delinquent (overdue payments) would be affected.

The affected individuals could be precluded from:

Receiving inheritances from their deceased child,
Acting as executor or administrator of the child’s probate estate.

Other beneficiaries and heirs are impacted indirectly, as the designated fiduciary and potential beneficiary pool shifts.

Procedural and timeline considerations

The bill would need to be enacted into law and would apply to estates of deceased children who pass away after the effective date of the measure.

The specific thresholds for “delinquent” status (e.g., how overdue and for how long) and any due-process protections (notice, opportunities to cure delinquency, appeals) would be defined in the bill or accompanying regulations.

Implementation would require updates to probate procedures and potential coordination with child support enforcement agencies to verify delinquency status.

The bill would interact with existing state statutes on child support enforcement and probate administration.

Potential impacts and considerations

Incentive for compliance: The policy aims to encourage timely child-support payments by removing a potential financial and estate-planning benefit for delinquent parents.

Fairness and due process: Considerations include ensuring accurate delinquency determinations, timely notice, and opportunities to cure arrears to avoid unintended disinheritance.

Estate planning implications: Families may need to adjust estate plans to account for the possibility of a delinquent parent being barred from inheritance or administration.

Enforcement interface: State agencies would likely coordinate to verify delinquency status in probate proceedings.

Note: This summary focuses on the bill’s stated objectives and provisions. For a complete understanding, review the full text of S 4528, including definitions, exceptions, enforcement mechanisms, and any fiscal impact analyses.