what to do?
I filed for chapter 7 bankruptcy this year (2009) on April 16th and was discharged in August. My 180 days from filing was up on October 13th.
Unfortunately my mom passed away on Sept 29th, within the 180 days of filing. She had NO will. Her main bank accounts were POD to my older brother. He then in turn wrote me a cashier check for a part of the total amount.
She also had a Beneficiary Deed that said she intended for her assets (her house mostly) to be divided evenly among all her children. (there are 6 of us)
I would think that the cashier check my brother gave would technically be a gift from him and not considered an inheritance. What about the beneficiary deed? It's not a will and only speaks of her intent that we divide her assets evenly. The house is not currently in our name, it isn't ours, even though she passed away a month and a half ago. We would have to enact the beneficiary deed in order for it to be ours.
Would I be required to give my portion, report it, to the trustee? Or would I be able to keep it?
Also 2 of my adult brothers are currently living in her house and had been long before my mom passed. Would that have any bearing on whether I would have to give up the money if and when we decide to enact the beneficiary deed and to sell?
Unfortunately my mom passed away on Sept 29th, within the 180 days of filing. She had NO will. Her main bank accounts were POD to my older brother. He then in turn wrote me a cashier check for a part of the total amount.
She also had a Beneficiary Deed that said she intended for her assets (her house mostly) to be divided evenly among all her children. (there are 6 of us)
I would think that the cashier check my brother gave would technically be a gift from him and not considered an inheritance. What about the beneficiary deed? It's not a will and only speaks of her intent that we divide her assets evenly. The house is not currently in our name, it isn't ours, even though she passed away a month and a half ago. We would have to enact the beneficiary deed in order for it to be ours.
Would I be required to give my portion, report it, to the trustee? Or would I be able to keep it?
Also 2 of my adult brothers are currently living in her house and had been long before my mom passed. Would that have any bearing on whether I would have to give up the money if and when we decide to enact the beneficiary deed and to sell?
Comment