Date of filing versus date of 341?

[kah]

I have been reading about assets acquired after filing. The definition of filing date has me stumped. My husband's mother passed away unexpectedly a week or so after we had our 341 meeting. He is in line to inherit some ira's, etc. The date of filing is crucial in our case as to whether he will be able to keep some of them or not. I thought the date of filing was the actual date that our attorney filed our case with the court, which was late January. I've gathered elsewhere that the date of filing is actually the date that the 341 was held, which was mid March.
Can anyone help me with the correct date to go by?

[booboo]

You are correct....the day of your filing is when the clock starts for the inheritance issue. The 60 day clock starts from your 341 as well as the 10 day clock for the Trustee to object.

Hope that helps...

BooBoo

[kah]

to booboo

I'm sorry....a bit confused with your answer. Is the filing date the date that my lawyer filed it with the court, or is it the 341 date? What is the 60 day clock? And the 10 day clock? I'm sorry for being dense. I've heard of the 180 day clock from the time it is filed.... still not sure which date is the "filing" date they look at.

Also, we have received one notice from an estate attorney saying that he was named in a will, but that it did NOT necessarily mean that he would inherit any property or money. Are we safe thus far since we have not been officially told that he has anything coming?

[NewLifeAhead]

The filing date is the date your lawyer filed the petition with the court. The 60 day clock is your discharge date which is 60 days from your 341 date. The 10 day clock is that after the 341 meeting date, the trustee(s) have 10 days to object to anything in your petition.

[kah]

Okay. Thanks...that clears up alot for me.

[Trybaby]

I have been reading about assets acquired after filing. The definition of filing date has me stumped. My husband's mother passed away unexpectedly a week or so after we had our 341 meeting. He is in line to inherit some ira's, etc. The date of filing is crucial in our case as to whether he will be able to keep some of them or not. I thought the date of filing was the actual date that our attorney filed our case with the court, which was late January. I've gathered elsewhere that the date of filing is actually the date that the 341 was held, which was mid March.
Can anyone help me with the correct date to go by?

Interesting timing because my trustee brought this up in his announcement yesterday. He said it was within 180 days, you had to report if you were the recipient of any life insurance money. Life insurance may be different from inheritance like IRAs though.

[sdbird101]

I'm sorry....a bit confused with your answer. Is the filing date the date that my lawyer filed it with the court, or is it the 341 date? What is the 60 day clock? And the 10 day clock? I'm sorry for being dense. I've heard of the 180 day clock from the time it is filed.... still not sure which date is the "filing" date they look at.

Also, we have received one notice from an estate attorney saying that he was named in a will, but that it did NOT necessarily mean that he would inherit any property or money. Are we safe thus far since we have not been officially told that he has anything coming?

Actually I believe it is if you become entitled to recieved this money within a 180 days, wether you know it or not. The day of death would have to be 180 days from the initial filing date as you became entitled to the money on that day.

[AngelinaCat]

At our 341, we were asked if we were expecting any inheritances in the next 180 days. We were also asked if we had any stock or bonds. We were not asked about life insurance, I guess because we don't have any.

You need to talk to your attorney about this.

Good luck, and please accept my condolences about your MIL.