If I’m in a Chapter 13 and my father is dying, what legal moves could I make to protect my inheritance?

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If I’m in a Chapter 13 and my father is dying, what legal moves could I make to protect my inheritance?

I am sole heir.

Asked on February 22, 2012 under Estate Planning, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation and for your father.  If this happens during the time even that you are paying back creditors - the plan  - the inheritance is considered income and must be turned over to the Chapter 13 trustee to be distributed to the unsecured creditors up to the extent of the allowed unsecured claims. You need to speak with an attorney in your area to discuss your options here.  Good luck.


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