Will my Inheritance Become Part of the Bankruptcy Estate?
Posted By
Majed on Nov 10, 2010 7:00am PST
Possibly. The Federal Bankruptcy code mandates that inheritances received within 180 days of a bankruptcy petition being filed are included in the bankruptcy estate. This equates to roughly 6 months prior to or after a bankruptcy filing.
In a Chapter 7 proceeding a trustee can seize all or part of an inheritance. Conversely, in a 13, while the assets or money will not be seized, it could be included in the estate and the monthly payments would be adjusted accordingly.
An inheritance is a gift to you from a loved one. Contact an experienced attorney at the Fears | Nachawati Law Firm to assist you during this time.