Q: If I am the successor in interest on a home because of death, can I put this home in bankruptcy, chapter 13
A: People and business entities can file bankruptcy. A house cannot. However, it may be possible to obtain relief or to restructure debt associated with the house. You should consult with an attorney to assess your situation.
A:
Yes, if you file a Chapter 13 Bankruptcy case, and if you are the successor to an interest in real property, then your interest (whether a whole interest or a part interest if more than one person inheritys) is part of your bankruptcy estate. That interest will need to be valued and it will have an impact on your bankruptcy case. You need to tell your bankruptcy attorney about it. You haven't told us how you acquire your interest in the property. If you inherit by a provision in the deceased's Will, you will have to open a probate estate case in your Probate Court and have the Court approve the legal transfer to your name, if your name is on the deed, with rights of survivorship, perhaps not. Consult a probate attorney on those issues.
If there is a mortgage on the property, then you should have a sufficient legal interest in the property, to be able to cure any delinquent payments or to modify the terms of that mortgage. These are complicated issues, you must consult a bankruptcy attorney for further advice.
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