Q: Will a transfer of property to my children 8 months prior to filing Chapter 7 be a problem?
I owned an undivided 1/2 interest in my ex-husband's property from our divorce 15 years ago. I gifted it to my children 8 months ago so that it wouldn't have to go through probate at my death. Will this be a problem if I file for Chapter 7? I received no money and own no other property.
A: That is likely to be a problem as it will probably be considered a "fraudulent transfer". Speak to a local bankruptcy attorney for possible solutions, as there may still be a way for you to file that doesn't cause a problem for you or your children.
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.
