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Everything You Need to Know About Probate and Bankruptcy

Probate and Bankruptcy

Probate is a legal process that validates and authenticates the estate of a deceased person. This process requires will, or sometimes will isn’t needed. If a person died during bankruptcy, the estate takes charge of the case.

Bankruptcy is a term used when an individual or business has so much debt on them that they file a petition to U.S bankruptcy court to help them erase their debt. During bankruptcy, the court assesses the petitioner’s assets as the petitioner is unable to pay its debts.

Then the petitioner will liquidate their assets or join a repayment plan with the help of an economic advisor to pay off all the debts.

When a person is going through severe financial changes, then he has the right to file for bankruptcy that can help him to regain control of life. After filing for bankruptcy, creditors lose the chance to call, writing or take any steps to recover the debt.

All of your possession’s including your home would become a part of bankruptcy once you file for bankruptcy. Because you have been shielded under bankruptcy protection, neither you can sell your house without permission, nor your creditors can foreclose on your property

However, for selling your home to satiate your needs and debts, only a trustee can ask the court for permission to sell the home.

If one wants to dispose of a house, he needs to file a motion to sell real property with the bankruptcy court. Names of creditors with liens on the property and all particular.

There are nine chapters of the bankruptcy code, but they are numbered 1 to 9. So, an individual claiming bankruptcy will file under chapter 7 or chapter 13.

  • Chapter 7 of the bankruptcy code relieves the debater by liquidating their assets to pay back creditors.
  • Chapter 13 of the bankruptcy code provides relief through adjusted debts and a payment plan that help the debtor to pay back in a time span of about 3 to 5 years.

When creditors meet all their bankruptcy filing requirements, the court will issue a bankruptcy discharge.

Effect of Bankruptcy on Inheritance

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Bankruptcy can affect inheritance as long as the debtor inherits property or money while they are in bankruptcy.

A bankruptcy estate is created when an individual files for bankruptcy. The bankruptcy court and bankruptcy trustee control the estate.

If a person files the case under chapter 7, where the assets are sold to pay the debt, the inheritance is lumped into the process.

So how inheritance will be affected depends upon under which chapter an individual is going to file his case.

Effect of Bankruptcy on an Estate Plan

What will happen to your property after you pass away entirely depends on how many debts you have accrued. So, your debt will be paid off first before transferring your property or inheritance to your beneficiaries after your death.

According to chapter 7, your assets will be liquidated to pay off your debts after your death. Then beneficiaries will get the remaining inheritance.

According to chapter 13, the process gets complex as the debtor actively participates in all the proceedings by making payments for years. (information taken from LawDepot)

When going through the bankruptcy process, don’t forget to ask questions to the bankruptcy estate trustees. Work with your trustee as a team to go smoothly through the process.

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