Asked in Bankruptcy and Probate for California

Q: To file or not file if I am Trustee to fathers estate

My husband and I had paid off the BK attorney last year and then he had a heart attack. I have been my Dads caregiver since Mom died (well sister and I) last year. Dad died a few weeks ago and now I feel my personal debts will totally screw over the estate. For me personally any proceeds after sale of home but bet me a wee bit over what we owe. I plan on reaffirming with cars. Continuing to pay IRS, but writing off CC and online loans off. Bad decisions made in the past.

Should I wait? I know there is a 6 month before and after thing to adhere to. Also I'll be moving out of state at the end of the year.

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1 Lawyer Answer
Sally J. Elkington
Sally J. Elkington
  • Bankruptcy Lawyer
  • Oakland, CA
  • Licensed in California

A: This is not the type of question that can be answered with the information provided. You need to find a bankruptcy attorney that you can give the details of your financial situation to, and receive information about all of your options. I am assuming you are concerned about filing bankruptcy after inheriting, or maybe you already filed bankruptcy and you have not inherited. I cannot ascertain enough information from your description to even address a topic of concern. See a bankruptcy attorney as soon as possible and before you do anything else within the bankruptcy realm.

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