Can a future inheritance effect a bankruptcy claim?

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Can a future inheritance effect a bankruptcy claim?

I am considering filing bankruptcy. My mother passed away 2 years ago.  and my eldest sister is the executive of the estate. There are no plans to sell the estate. Is this something that could impact my bankruptcy?

Asked on April 8, 2011 under Bankruptcy Law, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you claim bankruptcy now, and you have not received your inheritance and won't because the estate is actually a home or something so tangible it cannot be liquidated for cash without a lot of trouble, then it is really not yours yet. It is not an asset that appears to be something that a trustee can immediately latch onto and use in part to defer charge offs.  This is of course all depends on the way the property is held, no matter if your sister is the executor of the estate or not and of course what type of bankruptcy you will file. If you are on the title for the home for example, you are still considered an owner and you should discuss this with your bankruptcy attorney about whether the court can consider this part of the bankruptcy or consider it as an asset or if you can claim a homestead exemption on it.


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