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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I need some advice, my husband and I have lived in FL since

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I need some advice, my husband and I have lived in FL since 1993. We built a home in SC in 2008. I moved to SC and got a job with benefits, then my husband was to move. He refused to leave his job in FL..and then divorced me in 2010. I had to charge the Attorney fees of $6000.00 on top of a existing balance of a card. The house was signed to me. I also signed as co borrower for my daughter in SC when she refinanced her home after her divorce in 2009. She went to work as a realtor and we verbally agreed after one year of financial stability she would refinance. She had a very lucrative year but, refused to honor our agreement and refinance her home and take my name off the mortgage. She used the good credit I had to finance a 2010 Honda Pilot...I am driving a 97 Jeep... I was forced to quit my job as a RN because of my emotional instability. I fled to FL in Aug of this year. I saw an attorney about bankruptcy.. She agreed I qualified as now I have no income except for SSI that I began receiving in October. I must wait until Mar 11 to file for bankruptcy.....

Now, I am in a real Uncle passed away suddenly and he and my Aunt had named me DPOA...that I was not aware of...even though we were very close in the past.
My Aunt has Alzheimers and their Attorney has begun guardianship papers for me as her family is trying to get her assets...(the first question the sister ask when she arrived for the funeral from KY, was "we want to read the will.")...I am staying with my Aunt and going to a marriage counselor with my husband...

My question is how do I keep all this separate?...I don't intend to use any of my Aunts money for my own needs....and I am keeping all receipts regarding any groceries or other sundries I am buying for her....Will I still be able to claim bankruptcy?...will the court consider me a poor choice for caregiver?...I live only 1 hour away from my Aunt and hope to move her to my home in the future.

Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.

So sorry to hear of your dilemna. I will strive to provide you with legal information to assist you.

I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information on this open and nonconfidential forum.

A court ordered guardianship/conservatorship would typically be looked at by the bankruptcy court as a job. You would be entitled to income for performing your duties as guardian/conservator. However, if your aunt dies within 180 days of filing bankruptcy, any inheritance will become part of the bankruptcy estate and be used for the benefit of creditors.

You may be able to avoid the funds being paid to the bankruptcy estate through the use of the "disclaimer/renunciation". The disclaimer/renunciation would have the effect of distributing the estate or insurance proceeds as if you had predeceased your aunt.

I hope that this helps.

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