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Our 341 is tomorrow. My mother-in-law had a stroke today and is not expected to live

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    Our 341 is tomorrow. My mother-in-law had a stroke today and is not expected to live

    What a mess. This is so terrible for my husband. He is named in the will, but we don't know the amount. Does the inheritance question cover this type of event?
    Is it the day you filed or the day of the meeting. The day we filed, we didn't expect anything. Now... not so sure.

    Our lawyer said at this moment, there is no estate or inheritance since she is still living.

    #2
    Listen to your lawyer. You can't tell the future. I'd zip it on that one in the meeting.
    Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

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      #3
      +1
      Discharged 6/23/08

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        #4
        Silence is golden.
        Filed Aug 25 2010 - 341 Oct. 13 2010 Discharged!!!!!

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          #5
          Thank you for the replies. So, then if she does die ( it doesn't look good) and he is left some money do we have to tell the trustee? Of course it could take a while for the estate to get settled.

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            #6
            I had my 341 on August 15 (yesterday) and the only thing they asked is that if anyone has passed away that would result in me getting any form of inheritance. If given the same question as it seemed general to all of those that were present at my 341, the answer would be no.

            If not asked, don't tell.

            Tell your lawyer if things turn out for the worst and let him/her advise.
            8-15-10 : filed petition
            9-15-10 : 341 meeting
            11-15-10: hopeful discharge date?

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              #7
              I have nothing further to add as what the others have stated is correct, but wanted to say I'm sorry to hear that your family is going through this. My prayers are with you and yours.

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                #8
                The significant date is the date of death relative to your date of filing. If that happens within 180 days your trustee may have a claim, if the bequest exceeds your allowed exemptions. Note that transfers made to you by her, that are post-filing, but pre-death, are not capturable by the trustee, as far as I know, since the estate is just a snapshot as of your filing date. Something to consider.
                filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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                  #9
                  Wow.... One would think that there would be more concern about the MIL and her condition, rather than how much money she has and can the trustee claim it..... But that's the me, me, me soceity we live in today.... Sad....

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                    #10
                    Originally posted by BobWang View Post
                    Wow.... One would think that there would be more concern about the MIL and her condition, rather than how much money she has and can the trustee claim it..... But that's the me, me, me soceity we live in today.... Sad....
                    It was my responsibility in our family to take care of all this. It allowed my husband the ability to grieve. Our 341 went very smoothly, less than 5 minutes....and now I can grieve as well.
                    Concern for her condition... she has 48 hours to live at this point. Believe me my husband and I have a lot of concern.

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                      #11
                      Originally posted by BobWang View Post
                      Wow.... One would think that there would be more concern about the MIL and her condition, rather than how much money she has and can the trustee claim it..... But that's the me, me, me soceity we live in today.... Sad....
                      Dude serious? She obviosuly is going through a bad enough time without this crap. I am pretty sure they are concerned about the family member, but that doesn't change the financial situation they are in. I am sure she would rather not be asking these questions right now but that's where she is and I for one applaud her for having the strength to deal with the situation, console her husband and ask the questions that need to be asked.

                      God bless you and your family RuthCB. I will say an extra prayer tonight.
                      New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

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                        #12
                        Originally posted by BobWang View Post
                        Wow.... One would think that there would be more concern about the MIL and her condition, rather than how much money she has and can the trustee claim it..... But that's the me, me, me soceity we live in today.... Sad....
                        Bob, with all due respect, you're out of line here. Ruth is asking a bk related question on a bk board addressing an event in her life. This in no way shape or form shows she is disrespecting her MIL. In respect for all members here, kindly refrain from being judgemental and strive to make positive contributions. That's what we're all here for, to help each other.

                        Ruth, glad to hear your 341 went fine. I hope you and your husband hold up well through everything.
                        Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                        AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

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                          #13
                          Originally posted by ccsjoe View Post
                          Bob, with all due respect, you're out of line here. Ruth is asking a bk related question on a bk board addressing an event in her life. This in no way shape or form shows she is disrespecting her MIL. In respect for all members here, kindly refrain from being judgemental and strive to make positive contributions. That's what we're all here for, to help each other.
                          Not out of line at all..... I call it like I see it.... Don't like it, too bad.

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                            #14
                            Originally posted by RuthCB View Post
                            What a mess. This is so terrible for my husband. He is named in the will, but we don't know the amount. Does the inheritance question cover this type of event?
                            Is it the day you filed or the day of the meeting. The day we filed, we didn't expect anything. Now... not so sure.

                            Our lawyer said at this moment, there is no estate or inheritance since she is still living.
                            Ruth

                            First of all, my condolence to you and your family and his. I wish you the best.
                            Second, let me be blunt, since she's not dead yet, then the answer is no. The tricky part lies in the trustee's question (how he or she would ask). At my 341 hearing, I was asked if I would expect any inheritance or lottery winning in the next six months. Don't volunteer any additional info if you're not asked. If possible, just try to limit the answers to 'Yes' or 'No', the shorter the better. That's how it worked for me.

                            Good luck and God bless.
                            Filed chapter 7 Jul 13, 2010 341 hearing Aug 12, 2010 Trustee's report of no distribution Aug 20, 2010 Discharged Oct 13, 2010 Closed Oct 28, 2010.

                            Comment


                              #15
                              Bob, Come on.. Sometimes what you think does not have to be said. With your comments what value did that add to RuthCB's situation.

                              Of Course you know she is going to read your comments? Is that your plan?
                              Filled 5-2010
                              7-2010 341 Meeting (Chapter 7 No Asset)
                              8-2010 Discharged/Case closed!

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