Inheritance before discharge?

[colet4b]

What hapens if my wife recieves an inheritance a year after we filed our bk but before our case has been discharged. This was due to a sudden death of her grandmother and she was in good health when we filed. Will the state attempt to collect this money or is it exempt because it will be recieved after our filing date. Thanks in advance for your help!

[FilingOnMyOwn]

Any chance your wife is 'katosbo' on this forum?

That would explain alot.

[colet4b]

Nope, She wouldn't even know how to begin finding or registering for this forum...LOL

[FilingOnMyOwn]

I would very carefully, cautiously, and quietly accept the money. This would be something you do not discuss with others. Hopefully, the court would not find out about it.

[anonymuse]

I know this is in the Ch 7 forum, but just making sure--Are you Ch 7 or Ch 13?

Did the check hit your bank account before or after the discharge?

[alh]

If is a chapter 7 case the inheritace would be yours if you become entitled to it 180 days after the date of filing. The date of the passing away is what they use to calculate when you become entitled to the inheritance, not when you actually recieve it.

[Minnymouth]

Also if you happen to be in a Chapter 13 - get ready because the Trustee will be after the inheritance................. its part of the BK estate......

Minny

[SinkingFast]

Yep, ALH is right. The Law reads 180 days after filing.

So if you're beyond that, you should be in the clear.

But, were I you, when you get a check, look to see how long that check is good for. Maybe hold onto it as long as you possibly can before depositing it into your checking acct. Just to be on the safe side.

[scammer]

If is a chapter 7 case the inheritace would be yours if you become entitled to it 180 days after the date of filing. The date of the passing away is what they use to calculate when you become entitled to the inheritance, not when you actually recieve it.

boy, I would reconfirm that, I don't have time too. I am old law, has the new law become more favorable? I had an attorney draft up a document to my parents Trust, removing me as the beneficiary of my share, named and set up a Trust as new bene. I am not the Trustee, forget how the rest went, but it was well thought out by an Estate attorney, cost me only $1,200, pretty cheap to protect a couple million. I saw one particular case on pacer were Trustee went after a hugh inheritence three years later. By the way, talk about motivation for a Trustee to watch for stuff like that, guess who gets paid for capturing inheritences.

[scammer]

Yep, ALH is right. The Law reads 180 days after filing.

So if you're beyond that, you should be in the clear.

But, were I you, when you get a check, look to see how long that check is good for. Maybe hold onto it as long as you possibly can before depositing it into your checking acct. Just to be on the safe side.

Is this gospel? I went searching and haven't found it yet on a attorney site repeating what you said. That means my fancy Trust, protects me only for 180 days after my filing date? I still think I will leave it intact well after if this is true. I am old law by the way, seven, with assets, my case discharged end of January 06, and the trustee will be administering those assets probably the rest of the year.

I got's to Know!!!! I might have printed one of those cases on pacer were they went after inheritence, I will look sometime.

[sportster]

Actually, how would any trustee even find out about an inheritance after the case is discharged but within the 180 day window? Especially if the person who left you the money is from another state, how could the trustee even become aware of an inheritance? Morality aside, it seems just too easy to hide the money, such as not cashing the check or signing it over to a friend, etc... Just food for thought.

[SinkingFast]

Here's the 180 days from the Code:

http://www.law.cornell.edu/uscode/se...1----000-.html

That's Title 11 New Law.

[djk]

Is this gospel?

I got's to Know!!!! I might have printed one of those cases on pacer were they went after inheritence, I will look sometime.

to accomplish what you want to accomplish there are two things you
need to do. both are legal documents. since I am not a lawyer and
do not wish to give you any help at all, I'll just leave you with the
above. Another thing to consider is that alot of people try to do what
you want to do and fail. in a half hearted way, good luck.

[scammer]

Here's the 180 days from the Code:

http://www.law.cornell.edu/uscode/se...1----000-.html

That's Title 11 New Law.

Wow, I must have not been paying attention, maybe someone told me and I forgot. So my special trust really just is needed to protect those first 180 days??
Still glad I did it, foolish thing to gamble over, if it involves a large inheritence. I just thought I was to leave it in force several year. I am still going to leave it on till my case is actually closed. I am going to sometime dig for the example of the trustee going over an inheritence, I will post the case #

[aa06a47]

As things stand now, if I were to recieve the only inheritance I will ever get, 100% of it would go to the trustee and I would still be in a chapter 13. This would suck.