QUESTION
Where do I get the paperwork to refuse my inheritance?
Asked on May 12th, 2012 on Bankruptcy - Michigan
More details to this question:
My bankruptcy was filed in January and discharged in April my Mom passed away in April. Where do I get the paperwork to refuse my inheritance? And can I do it myself?
11 ANSWERS
Unfortunately, you cannot disclaim your inheritance if you did not do so before your bankruptcy was filed. Any inheritance received within 180 days of your bankruptcy filing becomes property of the bankruptcy estate.
Answered on Jul 13th, 2012 at 5:05 PM
Burton J. Green
Any inheritance you become entitled to within 180 days of your filing is property belonging to the bankruptcy estate. You can not refuse the inheritance. You could have your discharge revoked if the trustee learns about the inheritance and that you refused to accept it. Unless the inheritance is greater than the total debt discharged, turn it over to the trustee.
Answered on Jul 10th, 2012 at 1:48 PM
Daniel James Wilson
Inheritance is part of the bankruptcy estate. If you disclaim trustee can avoid the transfer as being fraudulent. Risk losing your discharge.
Answered on Jul 06th, 2012 at 8:03 PM
You do not own the inheritance rights. The trustee in bankruptcy owns them and, if you attempt to do as you propose, you may lose both the inheritance and your discharge. You have a duty to report if you become entitled to an inheritance within 6 months of filing. Your failure to report could result in consequences worse than losing your mom's money. There may be other things you can do to pull the chestnuts from the fire. Talk to the lawyer who did the original bankruptcy (and expect to pay an additional fee, as this work was not anticipated when you filed) and see what he or she requests. However, doing as you propose would be a profoundly bad idea.
Answered on Jul 06th, 2012 at 8:00 PM
Marriage & Prenuptials Attorney serving Charleston, SC
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Evan Guthrie Law Firm
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An inheritance can be disclaimed best through an estate planning or probate attorney in South Carolina. Whoever is handling the probate as personal representative should be able to help with this.
Answered on Jul 06th, 2012 at 6:40 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Why would you want to refuse your inheritance? Your debt has been discharged and creditors cannot get at it. Who is the probate attorney for your mother's estate, and who is the personal representative? You do not have to refuse the inheritance.
Answered on Jul 06th, 2012 at 4:02 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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I am sorry for your loss. You are obligated to inform your trustee that you are entitled to an inheritance. I doubt you have the right to refuse your inheritance because it is now property of your bankruptcy estate. Do yourself a favor and contact your bankruptcy attorney ASAP.
Answered on Jul 06th, 2012 at 3:52 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You cannot. You must inform your trustee of your inheritance. Check your state law to see if there is some exemption.
Answered on Jul 06th, 2012 at 3:22 PM
Glen Edward Ashman
If you want to go to prison and lose the inheritance to the Trustee, try what you said. It's a fraud on the bankruptcy court. The money will be taken anyway and you will be severely punished. Do get a lawyer before you come up with more improper schemes. You're required to disclose the inheritance to the trustee, and it usually will be taken from you.
Answered on Jul 06th, 2012 at 3:20 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You would need a lawyer to file the papers unless, you go to the law library and you prepare the papers properly. I am not sure why you want to refuse the inheritance. If you are going to refile, the trustee will have questions about why you gave away the money. They could even try to recover that money for the creditors.
Answered on Jul 06th, 2012 at 3:13 PM
Bankruptcy Attorney serving Grand Rapids, MI
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David Andersen & Associates, PC
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The inheritance was brough into the estate since it occurred within 180 days of filing. If you purposefully turn down the inheritance you might get your discharge revoked for not acting in good faith. I would recommend contacting your bankruptcy attorney to determine what your options may be.
Answered on Jul 06th, 2012 at 3:11 PM