Bankruptcy Law/Inheritance

Advertisement


Question
I am considering filing bankruptcy and have just found out I was named as second beneficiary (primary pre-deceased me) on my recently deceased grandmother's retirement account.  I have not signed any paperwork or even spoken with the company that sent me the letter.  
My question is.....since I haven't legally accepted the $10,000 inheritance, can I protect it from my creditors while I finish my bankruptcy.  I've only filled minimal information with the bankruptcy attorney at this point.
Thank you

Answer
Whatever you are entitled to receive under the inheritance is property of the bankruptcy estate and must be listed.  I'd have to research whether you can specifically disclaim the inheritance.  I think you can, but it has to be done properly and, of course, you would not thereafter be able to receive it.

Bankruptcy Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Mark J. Markus- California Bankruptcy Attorney

Expertise

Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

Experience

Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

  • ©2012 About.com, a part of The New York Times Company. All rights reserved.