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Chap.13 and a will?

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    Chap.13 and a will?

    I am 6 mos down on 60 of a Chap.13. I am in process of making up a holographic will(trying to save money and legal in AZ) but wondering what happens to BK if I die before discharge. I read somewhere I have to add wording that the "estate is to pay enforceable debts" to protect heirs from having to come up with payment. Primarily is unsecured debt.(house is outside of the BK) Do I tell adult child to request hardship discharge so the slate is clean or if it just gets dismissed, can the creditors come after my kid? Not planning on checking out but the big "C" got me here to begin with and just doing some digging. Or do I need a lawyer for this too? Thanks

    #2
    Originally posted by azmom View Post
    I am 6 mos down on 60 of a Chap.13. I am in process of making up a holographic will(trying to save money and legal in AZ) but wondering what happens to BK if I die before discharge. I read somewhere I have to add wording that the "estate is to pay enforceable debts" to protect heirs from having to come up with payment. Primarily is unsecured debt.(house is outside of the BK) Do I tell adult child to request hardship discharge so the slate is clean or if it just gets dismissed, can the creditors come after my kid? Not planning on checking out but the big "C" got me here to begin with and just doing some digging. Or do I need a lawyer for this too? Thanks
    Since no one has responded and this is also dependent on AZ inheritance law, it looks like you will need to discuss this with your bk lawyer and possibly an estate lawyer as well.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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