What to do if my husband and I filed bankruptcy but then my grandmother passed away leaving me $90,000?

UPDATED: Aug 2, 2013

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What to do if my husband and I filed bankruptcy but then my grandmother passed away leaving me $90,000?

Do I have to turn that entire check over to the bankruptcy or can I wait until they tell me what I will owe? What I would owe won’t be $90,000.

Asked on August 2, 2013 under Bankruptcy Law, Ohio


Terence Fenelon / Law Offices of Terence Fenelon

Answered 9 years ago | Contributor

The question depends upon the timing of the death of granmother.  Did it occur while the case was pending or within 180 days of the discharge?  If so, the inheritance is property of the estate.  The funds should be given to the trustee foradministration to claimant.  If a creditor does not file aa claim, they will recieve no funds.  The remainder of the funds will be delivered to you after the estate is distributed.

If the case is pending prior to discharge, you could ask the Court to dismiss the case and negotiate the debts yourself or through an attorney.  That alleviates potential trustee administrative costs.


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