Does my future inheritance belong to the Trustee or me if I file BK? 3 Answers as of June 29, 2011

I filed Chapter 13 in Feb. 2010. My mother just passed away this month. She had a living trust (small amount of assets) with a spendthrift trust provision. Since she died more than 180 days after my filing, is my future inheritance belonging to the Trustee or me?

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CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
if you do not have it, anything may happen so it is not yours to declare yet.
Answer Applies to: California
Replied: 6/29/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The chapter 13 orders of confirmation vary from district to district. One would have to look at the order. If there is a valid spendthrift trust, and you are the beneficiary, the trustee can not take that from you. BUT.... The income from the trust could cause a request for a modification of your plan payment.
Answer Applies to: California
Replied: 6/27/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
An inheritance within 180 days of filing is property of the bankruptcy estate. After 180 days the inheritance is not part of the bankruptcy.
Answer Applies to: California
Replied: 6/27/2011
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