Anyone know what percentage of an inheritance the trustee would get?

[Flamingo]

Thanks again for your response.

But, what do you think would happen if the inheritance is well above the debt? And with a home upside down?

If you are that concerned, I would suggest speaking with the attorney who did your father's will and/or contact an estate planning lawyer for a consultation as to your situation.

[Flamingo]

You should probably talk with your parents and siblings and offer to front the legal costs to change their will to support a spendthrift trust. This will look to them (hopefully) like you're taking a responsible step to protect their assets.

A spendthrift trust does not protect the money once it is in the beneficiary's hands. Also the beneficiary is aware of the amount of money that he/she will receive under the terms of the trust and if those disbursements occur during a Chapter 13, they need to be reported. The only way during a Chapter 13 to protect any inheritance money is to just not inherit it. Anyone in such a position as this should talk to an estate planning lawyer to get correct information as even some states do not allow spendthrift trusts.

[catleg]

Talk to a lawyer to get an idea of what's possible.

How much credit card debt have you included in your ch13?

Sounds to me, with the mortgage modded, and once you pay enough into the 13 to cover the priority tax debt, and with no one having died yet, you're in a position to drop out of the 13 if necessary with no strings.

Then the question is shielding the assets from judgments (do you have any yet) and trying to get them into exemption categories before filing a ch7.

People have a funny way of not dying when you expect it. I have this kooky aunt who just keeps going and going.