No, that would be a violation of the debtor's discharge. 11 U.S. Code 524 (a) 2 provides that a Discharge operates as an injunction against the commencement or continuation of an action, employment of process, or an act to collect, recover or offset such debt as a personal liability of the... Read more »

Yes, his new wife is entitled to inherit, unless a will or estate planning devise provides otherwise, despite the short duration of their marriage. SInce you have children, the wife is entitled to one half the intestate estate and his children are entitled to inherit the other half. I assume that... Read more »

The automatic stay in a Bankruptcy only exists while the case is open and the Stay is in effect. If you have been discharged in your Chapter 7 and the case is closed, there remains no protection under the automatic stay. If the creditor applied for, and was granted relief from the automatic stay,... Read more »

There are a lot of issues here. The first thing you need to do is to determine whether or not an estate has been opened in the Probate Court. I am assuming your grandfather was from the Columbia area, which would be Boone County. If there was a Will and it was validly excuted by your... Read more »

Missouri does not recognize Common Law marriage, unless the couple was living in another State where it was lawful. Beyond that, it sounds to me like they WERE married but had separated. If they WERE legally married, separated or not, at the time the decedent died, then the Wife is entitled to... Read more »

For a death certificate contact the Missouri Department of Health and Senior Services, Bureau of Vital Records, or funeral homes typically assist in obtaining death certificates. You can check Missouri Case.Net online court records to see if a probate case has been opened. If your sister... Read more »

I am licensed only in Missouri and Illinois. Based upon the law in those States, I would say "No." I am not licensed in Texas but, UNLESS your wife is a co-signer, co-apllicant, or guarantor for any of your mother-in-laws debt, I cannot see how your wife would be responsible for her... Read more »

I could be wrong, but it certainly sounds like the Vanguard account was set up to pay on death to the beneficiaries. This would explain why you subsequently received a large payout from Vanguard. It would also explain why a payment might have gone to a bank account and then was removed.... Read more »

This is a tricky issue as the Missouri Department of Social Services has extensiver powers as a "taxing authority" to avoid non-probate transfers where the decedent owed a State debt - typically when the decedent was receiving Medicaid benefits. Due to the sensitive nature, I would not... Read more »

Assuming you are within a year of your mother's death, you will need to open a probate estate. Once the estate is opened, the personal representative of the estate will have the right to retake possession and remove the brother.

Assuming yout home was sold at foreclosure I think that you are out of luck, unless you approach the new owner(s) and you are able to negotiate a deal to buy it back. This is highly unlikely. Sometimes the new owner will allow the prior owner to rent the home. This is still a rarity. If a... Read more »

That depends on what is contained in your Divorce Judgment. She is merely seeking to have her debt associated with the home discharged. There is no other effect whatsoever as to her her rights in the home. Whatever rights she had after the Divorce was granted should be the same after her... Read more »

The Sheriff has most likely not received Notice of your Bankruptcy filinh. Contact your lawyer immediately. Your lawyer can contact the creditor and file a Suggestion of Bankrutpcy in the Court where the Replevin action is pending. This should quickly resolve your issue,

I could be wrong, but this is probably not the place to find a Pro Bono attorney. We all tend to give some free advice, but most of us work for a living. Most of us do not have an independent source of income where we can afford to work for no charge. Over the years, I've known of many... Read more »

I'm not licensed in Kentucky, so you should consult an attorney licensed in your State. In most States your brother's 1/8 interest would not be exempt under law. What that means is that his bankruptcy estate would include his 1/8 interest and the bankruptcy trustee would be entitled to... Read more »

The Trustee is required to make the report. It is merely an Accounting of what monies you paid in, what amounts the Trustee paid out, the Trustees fees and the balance if any remaining and where it went. The Trustee is showing you and the Court where the money went. You don't need to fo... Read more »

The main things are that the Creditor was listed and you received your Discharge. Assuming they were listed, the Creditor was on Notice of your Bankrutptcy and was sent Notice of the Hearing and Right to Object or File a Complaint to Determine Dischargeability. The Creditor was also sent a Notice... Read more »

The whole point of the Motion for Default Judgment is for the Creditor to obtain a Judgment against you without any input or resistance from you. That's what Creditors like. If you don't attend, the Creditor WILL get a Judgment against you and it will probably be on the worst terms... Read more »

That question cannot be adequately answered without more information, such as: Is this actually "willed" to you and your brother and sister, OR is has it actually passed to you immediately by virtue of a non-probate transfer device, such as a Beneficiary Deed. Is there actually an open... Read more »

As long as this transaction is not secretly funded by you, there is no issue. Your sister is a gem to do this for you.