Expert: Mark J. Markus- California Bankruptcy Attorney - 2/5/2009

Question
My husband and I filed in the court on 2/28/08, my Mother-in-law passed away on 2/17/08.  We told the trustee that she had passed and there was a possibility of an inheritence but did not know how much.  My brother-in-law is the executor of the estate, the bankruptcy trustee began hounding him almost immediately after we filed.  He sent the portion of the inheritence that my husband should have received to the trustee on November 1, 2008.  We have heard nothing.  When should we expect to hear if there is any inheritence left and what has been done with the money?  And why are we being made to feel like we did something wrong when all we were was honest?  We did have a bankruptcy attorney but he has been no help.  Thank you

Answer
I'm not sure that I completely understand your question.  The inheritance belongs to the bankruptcy trustee unless there were exemptions available under your applicable state's laws to protect a portion of it.  The only reason you would be getting anything back is if the Trustee received more than is necessary to repay all your creditors 100% plus the Trustee's fees.