Expert: Terry Leeders - 9/19/2007

Question
My husband and I filed Chapter 13 in June 2007, in July had our 341 meeting and by end of Aug received our confirmed plan. In mid Sept, my Husbands father passed away we just found out he was named in the will is there anyway to protect that money / property from going right to the trustee. What are the options we are looking at. My Lawyer will not talk to us till we get the letter from the lawyer handling the estate to find out how much  he is getting. Also if the children are named in the will can the trustee also take there money/property they are minor children. thanks!!!

Answer
If you are paying 100% plan, then you wouldn't have to turn over any funds.  Any funds in the children's name have no part in the case.  Your attorney can help you file a modified plan, if you are at less than 100% if you want to keep the funds.  The attorney will work with the trustee to see how best to proceed in your jurisdiction.