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Attorney Promises... Does this sound right?

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    #16
    Originally posted by cindylynnsmith View Post
    My parent wrote my brother out of their estate completely before he entered his chapter 13! With his knowledge of course. When he's done they will change their will.
    What happens if they both should unfortunately pass away before he finishes his plan? I'm wondering if their attorney advised them about that or what action plan is in place as to that with you and your other siblings, if any, due to probate, etc. Most people who go into BK are listed on parents' wills with the estate usually going to the surviving spouse and if there is no surviving spouse to each child, per stirpes. If one child is eliminated or is not surviving at that time, it is divided up to the remaining children. Interesting subject...wonder if as time goes on that this could be considered pre-BK planning and fall under the realms of fraud and be a question asked by Trustees if one has had themselves eliminated from a Will or Trust during a certain period prior to filing?
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

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      #17
      They say 3rd times the charm...

      I think we've found our attorney.

      We don't have to pay him any money up front. $500 at sigining (non refundable but that seems fair as they will have done lots of paperwork by then) and I can make payments or put the rest in the plan Total fee 1800 + the filing fee.

      Re-explained the thing about our auto loans. The other attorney wasn't lying but maybe explained it wrong.

      Didn't seem concerned about the inheritance as long as we disclose it shouldn't be a problem.

      And he said I seem to have done more research and know more about the whole process than many of the people he has dealt with before.

      Oh and he only works the personal side of bankruptcy and not for the creditors.

      Thank you all for your great advice. I'm sure you'll hear from me lots as I'm going through this process.
      ichb
      Filed Chapter 7 June 20th
      341 scheduled for August 6th
      Discharged August 2008.

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