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update on 20 year inheritance

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    update on 20 year inheritance

    My husband asked his uncles estate attorney to send him a copy of the will, he received it today, in it it clearly states that all of his uncles property be left to his friend and upon his friends death or if he transferred his power of attorney his nieces and nephews would be bequeathed their land. So as of this date I guess we don't own the land that we thought we did. So does this mean we have no asset to add, but would have to add it if his friend died? And that we didn't make a mistake? We will be talking to our attorney in the morning, but wanted to get some ideas from here.
    Thank You Again
    Peg

    #2
    You don't need to do anything at this time. Please be sure to run this all by your attorney. If you could give a copy of the will to your attorney, or at least let him/her inspect the copy, then that should put your attorney at ease. You do not own the property and you don't have any ownership interest in the property. It has been so long, it's probably too late to probate it anyhow especially since your uncle was not intestate, had a valid will, and bequeathed the property to an old friend. (This is much different that what you thought yesterday, so I'm sure your attorney will like to inspect the will.)

    Whew! I hope you're feeling the relief.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      It's never too late to probate a will. But, I don't think we know that it hasn't been probated. Depending on how the uncle held title to the property, a probate may not have been required.

      It has always been unclear to me what happens if you inherit during a Chap 13. If the uncle's friend dies during the Chap 13, then you should let your attorney know.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        It's never too late to probate a will. But, I don't think we know that it hasn't been probated. Depending on how the uncle held title to the property, a probate may not have been required.

        It has always been unclear to me what happens if you inherit during a Chap 13. If the uncle's friend dies during the Chap 13, then you should let your attorney know.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment


          #5
          Thank You both for your replies, chapter 13 is really a learning experience but we are finding our way. I guess if and I'm wishing not the land becomes ours it will be up to our attorney to figure it all out, I'd rather give the trustee what they want then land in a heap of trouble.
          Thanks Again

          Comment

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