Inheritance, dismissed Chapter 13, and me!

[orygunduk]

Hi all,

I was in Chapter 13 when I was working. I am now retired and all of my income is judgement proof except taxes and child support in my last state of residence (Oregon). My attorney dismissed my case for me as I could not afford the Chapter 13 payments on my retirement income. So I still owe money to my creditors, but no collection proceedings or judgements have begun as far as I know. I currently live overseas.

My father is likely to leave me some money. He is 82 now and in good health for a man of his age, but who knows.

A few questions:

1: Once my dad dies, will the creditors be likely to or able to make a claim to seize the inheritance?

2: How do the creditors even find out I was a beneficiary of his will?

3: Do the statute of limitations apply from the date the creditors submitted a claim on my petition, or can they delay a claim/judgement until the inheritance is recieved?

Thanks for relating any info you may have.

[HHM]

We don't really assist people with committing fraud on their creditors, sorry.

If you want to truly find out your legal rights, please speak to a lawyer.

[catleg]

You would need for your dad to revise his will and place his assets in a "spendthrift" trust for your benefit.

Since you're out of the country, the SOL clock is suspended until you return.

[dscurlock]

that is bad waiting for your dad to die, assuming he has any money at all...my dad was about that age when he died, he did have about $30,000 saved up plus his SS/Dis income, but once he got into a nusing home, they sucked him dry, and when he died, he had nothing left...so unless he is rich, then do not rely on him as extra income, he could easily end up in a nusing home, and they will bleed him until it is gone...

[sunshinepa]

Never count on money from a parent! having just nursed my father through 9 mos. of brain cancer at home..............I would have went further into debt if someone would have offered me more time with him........Period. And just a note........my dad was 82, looked 60 and totally healthy.......then boom......God decided he wanted him......be glad you still have him and treasure that!

In addition..........most states have Probate and all money is recorded at the court houses and are public record so any creditor could get access.