QUESTION
If my dad is doing his will and I am an heir, do I have to disclose a bankruptcy from 9 years ago to his attorney?
Asked on Oct 15th, 2013 on Bankruptcy - New Jersey
11 ANSWERS
Your bankruptcy filing nine years ago is in no way relevant to your father drafting his will today. Any funds that you would receive when your dad passes away will not be subject to seizure by your former Bankruptcy Trustee.
Answered on Oct 17th, 2013 at 4:53 PM
No, if your father is creating a will, then you have no involvement at all. If he is creating a inter vivos trust, there may be an issue if you are a trustee, but generally your background is unimportant in a will.
Answered on Oct 16th, 2013 at 7:15 PM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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No, you are not a party to drafting the will.
Answered on Oct 16th, 2013 at 7:15 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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I can see no reason for such a disclosure. This answer was provided as a public service to a question posed on the Law Q & A website. The answer is based on the information provided and is limited to those facts. Furthermore, the answer is based on California law and their application to bankruptcy law in California. Additional information could change the context of the question and materially change the answer.
Answered on Oct 16th, 2013 at 11:19 AM
I'm not sure that I fully understand your question, but if you are asking if you have to reveal to your father's estate planning attorney that you filed bankruptcy, you do not. Your father's estate planning decisions should have nothing to do with your past bankruptcy.
Answered on Oct 16th, 2013 at 10:57 AM
I can't see any reason why you would need to do so, but I would ask why the attorney wants to know.
Answered on Oct 16th, 2013 at 10:29 AM
William Rhymer
I do not know any reason you would be required to do so unless your father insisted on it as a requirement for you to inherit.
Answered on Oct 16th, 2013 at 10:20 AM
Deborah F. Bowinski
Why would you not? But aside from that, if you are asked the question it is probably a good idea to answer honestly. If you are not asked then there would be no reason to bring it up on your own.
Answered on Oct 16th, 2013 at 9:59 AM
No. The bk from 9 years ago is history.
Answered on Oct 16th, 2013 at 9:54 AM
2 Awards
Just because you had a bankruptcy in your past (over six months ago) there is no reason to be taken out of a will.
Answered on Oct 16th, 2013 at 8:52 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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No, you do not have to disclose.
Answered on Oct 16th, 2013 at 8:19 AM