Should I wait to file until 180 days passed his death date? 17 Answers as of August 01, 2013

My surviving parent passed away in March 2013. I am in the process of filing chapter 7.

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Colorado Legal Solutions
Colorado Legal Solutions | Stephen Harkess
You may want to wait longer than that if you expect an inheritance. Otherwise it may go to your creditors. Talk this over with your attorney.
Answer Applies to: Colorado
Replied: 8/1/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
That is not your issue if you have assets that you can not exempt, see a lawyer. The 180 day rule applies if you inherit within 180 days of filing, (or actually become eligible to inherit).
Answer Applies to: California
Replied: 7/30/2013
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
Shouldn't matter. But you should consult a bankruptcy attorney to determine eligibility & options.
Answer Applies to: Texas
Replied: 7/30/2013
Stephens Gourley & Bywater | David A. Stephens
How long you wait depends on whether you expect an inheritance and the exemption laws of your state. In Nevada, the 180 days would not make a difference if you expect an inheritance, unless you received it within those 180 days.
Answer Applies to: Nevada
Replied: 7/29/2013
A Fresh Start
A Fresh Start | Dorothy G Bunce
If you are going to be directly (not through a living trust) receiving an inheritance, unless what you receive is exempt or has been received and no longer exists in any non-exempt form, your wait has been pointless. A bankruptcy trustee will wait however long it takes to seize the non-exempt property. You are following the rule backwards - it is property that you receive up to 180 days after you file that is vulnerable. Anything you become entitled to receive before filing is always vulnerable, unless exempt.
Answer Applies to: Nevada
Replied: 7/29/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you are to inherit anything then you may want to wait.
    Answer Applies to: New York
    Replied: 7/29/2013
    DeMars, Gordon, Olson, Zalewski & Wynner
    DeMars, Gordon, Olson, Zalewski & Wynner | Matt Jenkins
    I don't think the time period is the issue. The issue is whether you expect to inherit any money. If the estate has already been distributed, you can file at any time. If there may still be some assets coming your way, it would be wise to wait.
    Answer Applies to: Nebraska
    Replied: 7/29/2013
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    I am afraid that you have a misunderstanding of the 180 day time period for an inheritance being subject to the bankruptcy court. I am sorry that your parent has passed away, but if you are entitled to an inheritance, the right to an inheritance already exists and can be claimed by the bankruptcy trustee. The 180 days covers the right to inheritance even if the person passes away within 180 days after the bankruptcy case is filed.
    Answer Applies to: Florida
    Replied: 7/29/2013
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    Yes, wait the 180 days before filing.
    Answer Applies to: Georgia
    Replied: 7/29/2013
    Law Office of Norman Moore
    Law Office of Norman Moore | Norman P Moore Jr
    If you stand to inherit anything from your father's passing, you should consult with a bankruptcy attorney regarding the particulars before proceeding with the filing.
    Answer Applies to: Wisconsin
    Replied: 7/29/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Not enough information here to answer properly. Is there an estate that you will inherit? Are you a beneficiary of life insurance? Are there assets that may become your but that have not been distributed yet? You really should consider hiring an attorney to advise you and to guide you through the bankruptcy process.
    Answer Applies to: Colorado
    Replied: 7/29/2013
    Law Offices of David A. Tilem | Michael Avanesian
    Get an attorney immediately. You need someone to make sure you maximize whatever you can.
    Answer Applies to: California
    Replied: 7/29/2013
    Law Office of Thomas C. Phipps | Thomas C Phipps
    Yes. The trustee can try to take an inheritance within 180 of the date of filing.
    Answer Applies to: Missouri
    Replied: 7/29/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    The issue is whether you have an inheritance from your parent coming that is not yet received and is not exempt. See an attorney about whether any inheritance you expect can be protected from your creditors. Waiting 180 days does not protect your inheritance if it is not yet received. I'm sorry for your loss.
    Answer Applies to: Wisconsin
    Replied: 7/29/2013
    Scott Goldstein | Scott Goldstein
    It's not going to matter, unless there is something of value you expect to inherit. Even so, if you know you're going to get it, its still part of the estate.
    Answer Applies to: New Jersey
    Replied: 7/29/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    180 days before filing has no significance. You must exempt or spend down the inheritance before filing.
    Answer Applies to: New York
    Replied: 7/29/2013
    Moffa & Bonacquisti, P.A.
    Moffa & Bonacquisti, P.A. | John A. Moffa
    No you have bigger issues than that. Get a good bankruptcy attorney now.
    Answer Applies to: Florida
    Replied: 7/29/2013
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