If parents willed property had lien, siblings want to sign over property to parties and pay the lien, one sibling is under bankruptcy, what do we do? 8 Answers as of June 17, 2017

Parents willed property to their 9 surviving children, property had lien and still does, all siblings want to sign over property to parties interested in paying off lien, and one sibling is under bankruptcy.

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Ronald K. Nims LLC | Ronald K. Nims
The sibling in bankruptcy needs the trustee to abandon their interest in the property. File a motion to abandon property in the bankruptcy court.
Answer Applies to: Ohio
Replied: 6/17/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You need to check with the bankruptcy trustee first. Your sibling in bankruptcy has the information needed to do this.
Answer Applies to: California
Replied: 6/5/2017
Stephens Gourley & Bywater | David A. Stephens
To sign the property over will require a probate and may require approval of the bankruptcy court for the sibling in bankruptcy.
Answer Applies to: Nevada
Replied: 6/2/2017
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Your question does not lend itself to a quick response. Pay an experienced for two hours of their time so they can explore options with you.
Answer Applies to: Colorado
Replied: 6/1/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
A person in bankruptcy can not sign away title without court permission.
Answer Applies to: Nevada
Replied: 6/1/2017
    OlsenDaines | Rex Daines
    That sibling will need to get permission from the bankruptcy court before taking his/her name off the property.
    Answer Applies to: Oregon
    Replied: 6/1/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    First things first: contact a skilled bankruptcy lawyer, preferably one who is familiar with real estate. My first impression is that the 1/9 share of the brother-in-bankruptcy becomes a property of the bankruptcy estate (i.e. goes to his BR trustee) IF he became entitled to the property within 180 days after the date he filed his BR petition. In other words, if your father died within 180 days of your brother's filing his BR petition, then he must notify his BR trustee who may want some or all of the money.
    Answer Applies to: Wisconsin
    Replied: 6/1/2017
    Garner Law Office
    Garner Law Office | Daniel Garner
    The bankruptcy trustee "stands in the shoes" of your sibling in bankruptcy, so the trustee must agree with the disposition of the property. Whatever share of the proceeds otherwise going to the bankrupt sibling would go to the trustee instead.
    Answer Applies to: Oregon
    Replied: 6/1/2017
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