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    #1

    inheritance question

    I plan to file Ch 7 in Feb/March.

    After reading the sad stories of posters recieving an inheritance inside of their bk or inside of the 180 days got me thinking.

    I stand to inheret a large trust from my parents. They know of my bk and are supportive and helpful. Should I tell them to take my name off of the will if possible ( I don't even know if they can)? I would rather my sister and her family get it all than to have it go to creditors. Then when the 180 days are up they can add me back on. Is this fraud?

    I will ask my attorney of course, but dammit, he doesnt post here. LOL.
    Once you lose everything you're free to do anything.
    Filed 10/06/2009
    341 11/12/2009
    Discharged 1/15/2010
    Tags: inheritance, wills
    #2
    Is there any real likelyhood that BOTH your parents will die in the next year?

    The inheritence issue only arises if the trustors (your parents) die before your BK, during your BK, or within 180 days of your BK discharge.

    Comment

      #3
      They are both healthy. But I can't count on my hands this year how many times I've said out loud "I could never even imagine this would happen to me".........
      Once you lose everything you're free to do anything.
      Filed 10/06/2009
      341 11/12/2009
      Discharged 1/15/2010

      Comment

        #4
        I wouldn't worry about it then. If your parent's estate has a standard set-up, both would have to die for anything to pass to the siblings (really, what are the odds of that happening). Is there a risk, sure, but it is it enough to warrant involving your parents in going to the trouble to change their will etc, probably not (only you can asses the risk, but if they are healthy, what are the real odds of BOTH dying?)

        Just get your BK filed and get it going, the sooner your file, the sooner the deadlines (ignore the pun) expire and you will look back and chuckle at all the worrying you are doing right now.
        Last edited by HHM; 12-01-2008, 06:38 AM.

        Comment

          #5
          LOL, i'm trying to keep cool! My attorney has the same attitude, but he also knows I research. Thanks for your advice.
          Once you lose everything you're free to do anything.
          Filed 10/06/2009
          341 11/12/2009
          Discharged 1/15/2010

          Comment

            #6
            In some stated the estate goes 50/50 between the spouse and the children. (Louisiana is on of them) So even if one parent dies then the creditors would get half the estate. My brother is in a chapter 13 and my parents excluded him from their will and will add him back once discharged.
            Chapter 7 Pro Se....Discharged Feb. 2006

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