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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31786
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I live in Pa.and I'm going through a chapter13 .the house that

Customer Question

I live in Pa.and I'm going through a chapter13 .the house that I live in was willed to me,my father and my sister. But is still in my deceased family members name. can the trustee force me to put it in my name
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 2 years ago.
Hi - thanks for your question. I'll be glad to assist.
Expert:  Roger replied 2 years ago.
The trustee generally can't force the inheritance, but the operative date is not the date that you actually receive the inheritance - - it is the day that you become entitled to it.
Expert:  Roger replied 2 years ago.
Thus, if you received the inheritance during your bankruptcy, or within 6 months of filing, you should have to report it in your bankruptcy list of assets.
Expert:  Roger replied 2 years ago.
While the trustee can't require you to transfer the property into your name, he/she can require you to report it as an asset and base your repayment ability to include your interest in this property.
Expert:  Roger replied 2 years ago.
A 1/3 interest in the property may not be a significant factor, and likely would not likely change your repayment plan significantly or your overall financial outlook.....but it should be reported and can be considered.
Expert:  Roger replied 2 years ago.
So, the trustee should not have the right to force you to put the property in your name, but he/she should be able to force you to disclose your ownership interest/inheritance.
Customer: replied 2 years ago.

They new about the property from the get go

Customer: replied 2 years ago.

Since the house was willed to 3 people and is still in the deceased person's name. could a sheriff still levy on the content s of the house. evan if my dad lives here with me.the trustee also might want to see the copy of the will is she legally allowed to request it

Expert:  Roger replied 2 years ago.
There should be no levy with a chapter get to keep all of your property and assets in a 13.
Expert:  Roger replied 2 years ago.
Thus, there likely isn't anything that will happen with the disclosure - other than you having to account for it in your plan.
Customer: replied 2 years ago.

I'm just curious. If I didn't declare bankruptcy. would the sheriff's would of been able to sheriff sale the contents of the house evan if the house wasn't in my name

Expert:  Roger replied 2 years ago.
No......the sheriff shouldn't be able to do that because it is not in your name......what brings your interest into play is the bankruptcy filing - which requires disclosure of all assets, including inheritance.