Inheritance

[Sally48]

If I file bankruptcy without my spouse and my spouse receives an inheritance after I file and before the discharge....would it affect my BK? I do not live in a community property state.

There is a slight possibility that my spouse may be receiving a small inheritance and I don't want it taken from him because of my mistakes.

I haven't filed yet...possibly in Feb. (getting all of my ducks in a row) and this is worrying me.

Thank for any input.

Sal

[AngelinaCat]

Welcome to the forum. It will help to know what state you are in.

[magyar123]

Since you do not live in a community property sate and are filing on your debts only without involving your spouse - your spouse's inheritance should be safe.

[Sally48]

I live in Ohio. His mother passed away over a year and a half ago in California, but due to the current economic conditions, her property has not been able to be sold. We have no idea when it will be finally resolved.

I just don't want him to be penalized for my bad judgment with cc's and he wants to use some of the money to help his children who are also struggling. If it was seized, he could not do that.

Sal

[lrprn]

I just don't want him to be penalized for my bad judgment with cc's and he wants to use some of the money to help his children who are also struggling. If it was seized, he could not do that.

No worries, Sally48. If you file Ch 7 alone in a non-community property state and the money is left solely to him, any inheritance that your husband receives - befrore, during or after your Ch 7 - is his to keep. You are filing bankruptcy, not your husband. His financial affairs are not involved in your bankruptcy in any way.

[morallyBR2]

What kind of inheritance? I inherited a house and it didn't affect me because I was protected up to 120k in a homestead property.