Bixby, OK asked in Bankruptcy and Probate for Oklahoma

Q: My husband’s father’s estate has been in probate for 8 years. We recently filed bankruptcy, can the trustee take it?

My husband’s father’s estate has been in probate for 8 years, there are four heirs. We recently filed bankruptcy and now the bankruptcy judge wants the estate dissolved. We have been trying to get the probate lawyer to dissolve it for years(we could have avoided bankruptcy if this was the case), suddenly since the bankruptcy judge wants it done it can be done. Can the bankruptcy trustee take my husband’s portion even though it’s been 8 years since his father passed and he was named a heir?

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: The short answer is yes he can, but you should be contact a probate attorney or your bankruptcy attorney to address this issue.

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