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"And if I die, before I wake..."

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  • "And if I die, before I wake..."

    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?

  • #2
    "And if I die, before I wake..."

    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 *
    * [email protected] *
    * 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" <[email protected]> wrote in message
    news:[email protected] 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?

    Comment


    • #3
      &quot;And if I die, before I wake...&quot;

      "Brett Weiss" <[email protected]> wrote in message news:<[email protected]>...
      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 * * [email protected] * * 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.

      Comment

      The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
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