QUESTION
What can be done if ready to file for bankruptcy and then Mom passes away with no Will?
Asked on Oct 24th, 2012 on Bankruptcy - Florida
More details to this question:
I was about to file when my mom passed away 5 months ago. She had no will. I live in Florida and my brother in New York. I do not want anything to do with this house. The money that would come out of it isn't even enough to pay my creditors. Nobody has filed anything like probate in court. I still want to start my process for bankruptcy but will this cause me a problem. Can her grandchildren claim the house? If so, will the courts question me about that? My brother doesn't want anything to do with the house either due to his issues with Florida state. My main question is about filing bankruptcy with her house just sitting there. Will it be an issue for my bankruptcy?
2 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You will need to consult with a bankruptcy attorney in your area. More facts need to be known and you must list the interest you may have in your mother's home, if any, in the bankruptcy. You said she was married, though, and the home may go to her spouse, leaving you and your brother no interest in the home.
Answered on Oct 25th, 2012 at 8:52 PM
David John Tybor
Yes, inheritance of any kind and insurance proceeds is an issue in a bankruptcy filing. An experienced bankruptcy attorney can help you determine whether you have an inheritance coming before you file. If you do it will become part of your "bankruptcy estate" that the trustee disburses to your creditor. The Bankruptcy Code provides that even 6 months after the filing of a bankruptcy, an inheritance can become part of the bankruptcy estate.
Answered on Oct 25th, 2012 at 8:25 PM