Inheritance Question

[jane taylor]

Hello all,

Question:

I am named in a late relative's will and stand to inherit a modest (although a goodly amount for me right now!) sum of money. I understand that since I am in a Ch 13, everything is the property of the bankruptcy estate and would go toward debt repayment.

The Executor of the Will states that he/she does NOT want our late loved one's money to go toward my BK and that he/she would direct the funds to my minor children. Can the Executor legally do this? I for one DO NOT want to go to prison for fraud.

Someone please help as my attorney's paralegal is getting a snotty attitude now that all our fees are paid and the attorney is never around for me to discuss anything with!

Peace,
jane

[Minnymouth]

Jane, the Trustee can "undo" ANYTHING that the executor does regarding the inheritance.... Since the inheirtance is specific made out in your name. So she/he would be at fault in trying to make sure only your childrent get it, trying to protect it.

Yes, its an asset that the Trustee can seize and probably will to give to other creditos.


How to do this legally? Only your attorney might be able to help you with this..........BUT, myself, I see the Trustee seizing it to pay his crediors.


Any lottery winnings, inheritance, windfalls, etc. are at the whim of the Trustee..


Good luck, keep me posted.

[HHM]

You won't go to prison.

But you need to get legal advice from a Wills and Trust's attorney, you BK attorney will be of little use.

Since it sounds like the relative has already passed, the issue is probably a too little too late.