If your mother was to pass away prior to completing her chapter 13 bankruptcy repayment plan, the bankruptcy will be dismissed if payments to not continue. Although you could be appointed power of attorney for your mother and also the executor of her will, this would allow you to have access to her money and continue to make the chapter 13 bankruptcy repayment plan monthly payments. But if your mother passes away and there is no way for you to make the monthly payments to the bankruptcy trustee, the bankruptcy will be dismissed and who ever holds the mortgage on the house will most likely foreclose on you shortly thereafter.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
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Answered on Apr 15th, 2014 at 4:45 PM