Yes, any pending claims will likely be classified as property of your estate. During the bankruptcy, the trustee will take legal title to your property, so it is important that you list and identify everything, even if you aren't sure.
For now, the important thing is to be honest...View More
This likely depends on how much money you are attempting to withdraw. While normal living expenses may be okay, larger amounts may be subject to the estate, causing the trustee to reclaim the money from the person or entity you gave it to. Regardless of the amounts, be prepared to explain...View More
I recently asked a question. I am looking to update my forms and submit a reaffirmation agreement for my vehicle as I do not want to lose it. While the reaffirmation agreement is being processed in the proceedings do I continue to make payments as I normally would. I would like to know as I am... View More
I live with my BF in his paid off home and his income is SSD. I pay all the expenses in the house including food, utility and home insurance. question, is my BF income need to be included with my income in chapter 7? All the debits are mine and under my name . He is not filling for bankruptcy... View More
Generally, Social Security benefits--of any type--may not be counted as income on your bankruptcy petition. Your attorney should discuss the Means Test with you (also known as Form 22A - Statement of Current Monthly Income/Means Test in a Chapter 7 and Form 22C - Current Monthly Income/Disposable...View More
Based on the facts provided, t depends on when the injury occurred. Any potential claims you have up until the day of filing are normally part of your bankruptcy estate. Because your discharge was so recent, any such claims should have been listed on your bankruptcy petition.
I'm sorry about the trouble you're experiencing in your chapter 7 bankruptcy. Generally, bankruptcy trustees have broad powers to liquidate estate property unless an exemption applies. Depending on your circumstances, this might apply to your jointly owned home.
Tenancy in Common is the default method by which joint title is taken, so unless ownership is held under a joint tenancy, or a tenancy by the entirety, you and your mother will hold the property as tenants in common. If you own the property as tenants in common, then you do not have an automatic...View More
Florida law protects your homestead from most creditors. If the home is properly listed as your homestead, then usually the only creditors who can attach a lien are: contractors you've hired to work on the home; government agencies tasked to collect property taxes; and lenders who provided...View More
My father recently passed away. (August 24th 2020). My sister and i were supposed to inherit his life policy. Now all of a sudden, a different beneficiary on a document recently magically found, determines that we do not inherit that as he intended. When i asked for my fathers attorney information,... View More
I'm very sorry for your recent loss. Although this is likely a tough time, please be mindful that your window of opportunity to contest a will is not unlimited. Each state has their own laws regarding probate, and because you mentioned your father doesn't live in Florida, I highly...View More
My parents are still married but have been separated (not legally, sold their home previously and now live in different counties and own their own homes) but have will's in place from many years ago. My father does not want his estate going to my mother upon his death and wants it distributed... View More
Based on what you've provided here, the wills are likely still in effect. Your father should probably consult an attorney and execute a new will or establish a trust as quickly as possible. This will ensure his wishes are carried out as intended.
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