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    Possible Problem w Assets-

    I am trying to gather info so we can make a decision whether to file. We are consumed by credit card debt and we live in NY.My minor kids have bank accounts One of them is a UGTMA but the other 4 are CD's.My child's name is first but my name is on there too. These accounts have been open about 5 years and they just roll over- no withdrawals taken. Will the trustee take these funds? I don't want my kids to lose their money but if I remove my name now will that be considered fraud?
    I also have a question about homestead exemption versus taking a cash bank account exemption. We own our home but the equity in it now I think is $30,000. The exemption limit is $100,000 so being we have no equity can we then claim the cash exemption since in NYS it is either or. In other words would I have to have more than $100,00.00 in equity in order to take the homestead exemption.

    #2
    The $100K is the cap on how much equity you may exempt. If you have less than that, you can still claim the exemption.
    Have you spoken to any lawyers about the CD's?

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      #3
      I'm not familiar with NY law, but the children's money is theirs. The CD's are they P.O.D. or in an "or" or "and" state of ownership, or joint? I would not change anything at all until you speak with your lawyer. Whatever you do, do not encumber your home. If it is paid for, it is worth more than gold now days. Again, I'm not sure you can claim/combine your house exemption. Wish I could help you more. Welcome BTW. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #4
        Thanks for the replies. We have a mortgage on the home but plan to reaffirm it. I know we need to speak with a lawyer but I am so stressed out I just want answers KWIM? As far as an appraisal of the house would a property value from our local city finance office be good enough?

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          #5
          Originally posted by peppymom View Post
          Thanks for the replies. We have a mortgage on the home but plan to reaffirm it. I know we need to speak with a lawyer but I am so stressed out I just want answers KWIM? As far as an appraisal of the house would a property value from our local city finance office be good enough?
          The appraisal would be up to the Trustee and your districts policy.
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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            #6
            This attorney has a couple of articles about childrens accounts, UTMA account and Totten Trusts that may me helpful although he is a Florida attorney some may apply to you

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