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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41014
Experience:  Texas lawyer for 30 years in Estate law
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My mother's estate in now in probate court. The issue I have

Customer Question

My mother's estate in now in probate court. The issue I have is that my sister who is also a beneficiary (I am the executor) is in a co-debtor in Chapter 13 banruptcy. She has told that it's over and done with but it's not since I searched to see that it hasn't been discharged
JA: What state are you in? And has anything been officially filed?
Customer: In Massachusetts. It's currently in Probate. What should I do now?
JA: Have you talked to a lawyer yet?
Customer: The lawyer asked for the bankruptcy discharge papers from my sister but hasn't received them
JA: Anything else you think the lawyer should know?
Customer: That I am paying out of pocket
Submitted: 11 months ago.
Category: Estate Law
Expert:  RayAnswers replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.

In this case a Chapter 13 would go on for years.Chapter 13 plans last between three and five years. So unless it has been this long she would have to report her inheritance to the Chapter 13 trustee.No payments should be made to her unless you have talked to trustee and verified first hand that it has been completed and discharged.

This is your fiduciary duty as the executor so that you are protected from being sued by the trustee for wrongful disbursal.If you think she is lying to you here, you have the duty to check this out.You can call or write the trustee or have the estate lawyer do so.This gives you records here in case somebody tries to claim you and the estate lawyer did not do due diligence.

You have legal basis to hold funds until you can verify this or sister provides you the information and you then verify this.I know you feel you should not have to do this with your own sister but as a fiduciary for the estate you have personal liability to do so.

I appreciate the chance to help you today.These are your next steps.Thanks again.

Expert:  RayAnswers replied 11 months ago.

If you can positive rate 5 stars when we are done it is always much appreciated.