adult children's property at my house

[Geo]

My 21 year old son is back home living with me and brought his own furniture, etc. Do I have to claim those itams as my personal property since it's in my house? Also, my youngest son will be leaving in July to join the Navy. Are his possessions considered property that I'm holding for someone else? Thanks!

Geo

[LadyInTheRed]

If the furniture belongs to your son, you don't have to list it as yours.

If you file after your younger son has left, then you should list his posessions as property you are holding for someone else.

These really aren't the kind of decisions you need to make yourself. Make sure your attorney knows all the facts an he/she will make sure everything gets listed where it should.

[tobee43]

i would ask your atty. but i think like most of us that have children, we don't list their toys or their possessions on our petitions unless is something we own.

you're son has a perfect right to live with you and pay for his own things one would hope! same with your son going to the Navy.

[Geo]

Thanks for the quick replies! I'm strongly considering going pro se since I have very few assets and I think it should be a fairly straight forward case. I do plan to get some free consults from local lawyers, but haven't done that yet.

[tobee43]

haaaa...Lady!! i didn't see you there we must have been typing at the same time.

your most welcome Geo

[Bell30656]

Psst, they ain't coming to your house to do an inventory... Unless you have some really suspicious and questionable paperwork.

[Flamingo]

Thanks for the quick replies! I'm strongly considering going pro se since I have very few assets and I think it should be a fairly straight forward case. I do plan to get some free consults from local lawyers, but haven't done that yet.

If your son coming to live with you has a job and income or unemployment, that will be considered household income once he arrives. You won't be able to list your son going into the Navy as a household occupant nor include his expenses in your listing. I would suggest going over all this with an attorney as these are adults and not minor children.

[AngelinaCat]

According to the CH7 NOLO book we downloaded, anything that is NOT yours, but is stored at your household, should be listed as such.

We had a tractor that was on our property, but belonged to our god-daughter. We listed it as such, along with it's then current value. We had no problems.

[tobee43]

According to the CH7 NOLO book we downloaded, anything that is NOT yours, but is stored at your household, should be listed as such.

We had a tractor that was on our property, but belonged to our god-daughter. We listed it as such, along with it's then current value. We had no problems.

that makes sense, to do it that way.

[Pandora]

i would ask your atty. but i think like most of us that have children, we don't list their toys or their possessions on our petitions unless is something we own.

****sccccccccreeeaaaachhhhhh**** Train stop

Actually, you DO have to list your children's possessions / value. We had to list all of our son's games, dvd's, gaming systems, bike, etc. (Ch. 13 but assume Ch. 7 works the same way with possessions) Yard sale values were used, of course, but just wanted to make a note. ;)

[tobee43]

****sccccccccreeeaaaachhhhhh**** Train stop

Actually, you DO have to list your children's possessions / value. We had to list all of our son's games, dvd's, gaming systems, bike, etc. (Ch. 13 but assume Ch. 7 works the same way with possessions) Yard sale values were used, of course, but just wanted to make a note. ;)

you did?? i see yard sale value. nowadays that's pretty scary because some of these horrible trustees would take away a kids toy for a dime. thankfully we didn't have to list anything of our kids because we kicked them to the curb after they completed grad school LOL!!

but that's important to know!!! you must list your kids "things" and toys. wow.

[Pandora]

yep tobee.. we did. :/ Our son was so upset...he thought all of his stuff would be taken away... poor thing. That must be a horrible feeling for a child; I liken it to the feeling we adults get when we're fearing our jobs will be pulled out from under us.

I was rather surprised myself when we had to list them as well. *sighs* But it all turned out fine

[tobee43]

yep tobee.. we did. :/ Our son was so upset...he thought all of his stuff would be taken away... poor thing. That must be a horrible feeling for a child; I liken it to the feeling we adults get when we're fearing our jobs will be pulled out from under us.

I was rather surprised myself when we had to list them as well. *sighs* But it all turned out fine

i'm sick to hear that. i'm glad it turned out fine for him. i just can't imagin, or the sad thing is, i know can imagin those trustees taking what they can to make a buck. i just have a hard time understanding; i.e. some child's grandparents get him or her an xbox for Christmas and what the poor parents have to list that on the peitition? just doesn't seem right

[Flamingo]

i'm sick to hear that. i'm glad it turned out fine for him. i just can't imagin, or the sad thing is, i know can imagin those trustees taking what they can to make a buck. i just have a hard time understanding; i.e. some child's grandparents get him or her an xbox for Christmas and what the poor parents have to list that on the peitition? just doesn't seem right

The same goes for items that are given as gifts to the adults in the household....anything in your household in the rooms of, closets of, toy chests of, etc. minor children in a household are household property as explained by my attorney back in 2002. We also had to list everything in our daughter's bedroom who was in the 8th grade at the time. If you claim the minor child on taxes, add the minor child as part of the household for expense purposes, etc., all that stuff obviously has to be listed. Adult children living at home are another situation as they may be making money, contributing to household expenses, etc. and all this should be gone over with one's attorney when/if contemplating BK.

Trustees are only trying to give back to creditors what was borrowed from the creditors and not paid back. I don't think they do it to "make a buck." If you look at the situation practically and not emotionally it all makes sense and it's all just business.

[tobee43]

good point and i know you are absolutely correct flamingo.

i just think there needs to be a balance with respect to a toy chest. although, i have seen some parents spend ridicules amounts for their children's toys, that can easily get out of hand, but i'm not really thinking about that aspect of it all though they are impossible to distinguish.


i just do see the morality of understanding that a gift from grandma has anything to do with their parents having to give back what they borrowed from the creditors and didn't pay back.