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$ on receiving trust fund and ira inheritance after 341 meeting

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    $ on receiving trust fund and ira inheritance after 341 meeting

    HELP! My husband and I are not sure who to ask and what to ask in this situation. We filed BK in January. The 341 meeting was held mid March. We were not expecting an inheritance at that time and answered such. His mother passed away 2 weeks after the meeting. We found out this week that he was in line to inherit a total of about $325,000 from his mother. These funds are coming from trust funds and IRA's. Apparently, from what his sister(the executor) has said, these funds are outside of the estate and he will be getting this money within 2 months. Is there any way to delay receiving these funds if they were payable upon death? How or who should we talk to about delaying this if that is possible. By the way, our house was part of the bankruptcy and we have signed a waiver of release already. Is it possible they could take the money AND we lose the house too even if his inheritance pays it all off?
    Such a stressful time and we are not getting helpful answers from our bankruptcy attorney or from his family. We just want to know what to expect and how to deal with what will happen. We don't object to paying our creditors off if he will have to lose the inheritance (which is about enough to pay off the house and creditors) BUT, if we have to lose it all, we want to know if it is too late to make a deal with the loan service provider(s) as it was an 80/20 loan. In other words, if he has to lose the entire inheritance and pay off everyone, how can we keep the house even though it is part of our bankruptcy.
    First question, though.......is there a way to delay him receiving this money if it is outside of the estate and payable upon death?
    Thanks,

    #2
    As far as I see it, nothing you can do.

    Why are you worried about losing it all? You state you can pay off the creditors and pay off the house.

    Your debts will be gone and you will own your house, so what is the problem?

    Say a quiet thank you to your mother in law for giving you a fresh start and make the most of it in the future.

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      #3
      not worried about losing it all

      Just worried about losing the inheritance AND the house. We would feel better about things by paying off our creditors.....BUT, if pay them off...which includes the house that we signed a waiver of release on, and we still end up losing the house.....we won't be happy! We are not sure how all of this is going to pan out yet. We are just worried that our interests won't be protected in all of this.
      The prayers of thanksgiving and the thank yous to his mom started a long time ago!

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        #4
        When a trustee takes the inheritance he DOES pay off your creditors with a tidy sum for himself.

        You call the lender, tell them you have enough money to pay off the house and you do it. You will not lose the house. The lender will be thrilled to have the money rather than another foreclosed house they have to maintain.

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          #5
          I hope it is that easy. We have an 80/20 loan with 2 loan service providers. I would have thought that since his inheritance will be enough to cover our bills and house, we could have the bankruptcy case dismissed or end it....but from what I understand, there is no going back now and it will still be on our credit report even though we pay everything off. If that is true, I think that stinks.
          Oh well.....thanks for the info....you are being more informative than our attorney's "helper"!

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