Q: We filed for CH 13 in August, my wifes mom just passed and left an inheritance, what do we do?
Can we pay current bills with it? or are we required to turn it all over? Can we pay bills and submit the balance...please advise.
A: Generally, the inheritance will be property of the bankruptcy estate. If you have a lawyer you need to talk with them about what your local court does in these cases. It probably depends on how much you are talking about. If you do not have an attorney I would suggest you call the trustee and ask what you are to do. I would not spend the money until you speak with someone first to avoid any problems. Hope it works out. Good luck!
A: Since it sounds like your wife's mother died within 180 days of your bankruptcy filing, the inheritance is likely property of the bankruptcy estate and required to be paid over to your Trustee for the benefit of your creditors. To avoid any accusations of fraud or concealment, you should contact your Trustee immediately, or your attorney if you have one. If you do not have an attorney, you may want to seek the advice of a knowledgeable bankruptcy attorney that can discuss your options with you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.