QUESTION
Will my sister lose the estate after filing bankruptcy?
Asked on Jan 26th, 2014 on Estate Planning - Missouri
More details to this question:
My mother past away in 2002,the estate was closed in Jan 2014,My sister spent all the monies in the estate and then filed bankruptcy.
8 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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She needs to consult with a bankruptcy attorney for the answer.
Answered on Jan 29th, 2014 at 11:30 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I do not understand your question. It sounds to me like your sister has *already* "lost" the estate. If she spent all of the monies and declared bankruptcy, then what is there left for her to lose?
Answered on Jan 29th, 2014 at 11:30 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Doesn't sound like it. She spent the money, it is gone.
Answered on Jan 29th, 2014 at 11:29 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If it's all gone and bankrupt, what is there to lose?
Answered on Jan 29th, 2014 at 11:28 PM
If she spent the money improperly, you can object in the bankruptcy.
Answered on Jan 29th, 2014 at 8:39 PM
2 Awards
If all of the money is spent it is gone. You may be able to sue her in a manner that she cannot discharge in bankruptcy on the basis of fraud. See an attorney.
Answered on Jan 29th, 2014 at 8:39 PM
3 Awards
You should speak with an attorney. The issues are complex. Really one has nothing to do with the other. If she misappropriated money she cannot discharge that in Bankruptcy, but you need to object.
Answered on Jan 29th, 2014 at 8:36 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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You need to see an attorney. Your sister breached her fiduciary duty in regard to the estate. She should not be able to discharge this debt. Please see an attorney as soon as possible
Answered on Jan 29th, 2014 at 8:36 PM