Will the Chapter 13 Trustee all my money take? Not too sure if I
should bother my own lawyer with this question, when I may get an
answer here in alt.bankruptcy

So, if I die before I finish my Chapter 13 plan, does the Trustee grab
all my money, my IRA, my Thrift Savings Plan, my personal posessions,
and so on? Or will all that stuff be divided 50-50 to my Brother and
Sister, as outlined in my will?

Typically, when a client dies in the middle of a Chapter 13 case,
I will ask the Court to enter a hardship discharge. It usually
does, and the estate is distributed according to the will. If
there is still a mortgage arrearage unpaid, it's paid out of the
estate.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************


"Eu. Harry Andruschak" <adoptsoldcats@aol.com> wrote in message
news:319bbe32.0311011730.a23a034@posting.google.co m... Will the Chapter 13 Trustee all my money take? Not too sure if
I should bother my own lawyer with this question, when I may get
an answer here in alt.bankruptcy So, if I die before I finish my Chapter 13 plan, does the
Trustee grab all my money, my IRA, my Thrift Savings Plan, my personal
posessions, and so on? Or will all that stuff be divided 50-50 to my
Brother and Sister, as outlined in my will?

"Brett Weiss" <lawyer@erols.com> wrote in message news:<N86dneO_e-Ui5TmiRVn-iA@comcast.com>... Typically, when a client dies in the middle of a Chapter 13 case, I will ask the Court to enter a hardship discharge. It usually does, and the estate is distributed according to the will. If there is still a mortgage arrearage unpaid, it's paid out of the estate. -- Brett ************************************************** *************** * Personal Injury/Malpractice Bankruptcy * * * * BRETT WEISS, P.C. * * Attorneys at Law * * Maryland, D.C. and Federal Bars * * lawyer@erols.com * * http://www.erols.com/lawyer * * * * Small Business Estates & Estate Planning * ************************************************** *************** The Small Print: This response is for discussion purposes only. It isn't meant to be legal advice and you shouldn't treat it as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the facts and the law applicable to your situation. ************************************************** ***************

Thank you for taking a load off my mind. I shall write to my own lawyer about this.