Legal Question in Bankruptcy in Georgia

I owe $12000 in credit card debt. I'm unemployed do to disability and have no income at all. I was told by a lawyer rather than file bankruptcy to just stop making payments because since I have no income there's nothing the creditors can take. My question is about an inherentance that I have coming to me in the future. Can the creditors take anything from the inherentance?


Asked on 10/04/15, 8:38 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

An inheritance is not exempt from creditors, but what is an "inheritance coming to me in the future?" That could mean you have elderly relatives or friends suffering from terminal illnesses that MIGHT leave something to you sometime in the future, or it could mean someone has already passed away and you know that they left money or property to you in their will and you are just waiting to get it. It could mean something else. Those details are important in what you do now or how you plan later, and hopefully you explained those details to the lawyer.

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Answered on 10/04/15, 9:15 am
Charles Andersen Charles Andersen, Atty

There is no exemption for "an inheritance" per se, however there may be some exemptions in a "right to recieve" certain property that may be property you are inheriting.

Now, the big point, is that if the person is still alive and likely to live for at least another 6 months you would be well advised to consider filing for bankruptcy so that you can get the debt out of the picture before the right to receive becomes vested as per the person actually dying. http://www.abc27talkback.com

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Answered on 10/04/15, 12:28 pm


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