Tuesday, August 24, 2010

What happens if someone inherits money/property from death of parent just prior to filing Chptr 13 bankruptcy?

Amt to inherit does not cover amt owed to creditors.


Two other siblings also inherit 1/3 each - would prefer


to refuse any money or property and let them just


split it between them.What happens if someone inherits money/property from death of parent just prior to filing Chptr 13 bankruptcy?
why dont you just use it to pay back at least some of what you borrowed/stole from the creditors?What happens if someone inherits money/property from death of parent just prior to filing Chptr 13 bankruptcy?
That inheritance would be property of your estate if you actually receive it. However, you may have the possibility of disclaiming the inheritance before you receive it. Some courts authorize this. Some courts would consider this a fraudulent transfer to your siblings. It depends on a combination of state probate law and bankruptcy law which can vary from state to state. You really have to discuss this with a bankruptcy lawyer who knows local probate law.





By the way, the inheritance would be property of the estate if you inherited it up to 180 days after you file your bankruptcy.
If you are filing bankruptcy, you should refuse anything from your parents. Let your siblings have it. Otherwise, creditors will take them from you. Good luck.
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