Legal Question in Wills and Trusts in Colorado
Bankruptcy and Wills
My Grandmother died leaving a will dividing the property among my uncle and my cousins and brother and I. My brother and I had notes that we owed money to her, but we have both filed bankruptcy since signing those notes. She has a part in her will that reads ''....if any of my said grandchildren owe me sums represented by note or otherwise evidenced, the the distributive share of my residuary estate of such granchild shall be charge with amounts shown due me, regardless of whether or not such amounts would be otherwise enforceable by an action of law.'' Can these notes be held against us even with the bankruptcy??
1 Answer from Attorneys
Re: Bankruptcy and Wills
Your question raises several issues. First, were the notes discharged by your bankruptcy? If not, then the question may be moot. If so, then the estate may not be able to enforce your obligation, but may claim that it is a formula to determine your distributive share.
You should hire an experienced trusts and estate lawyer to advise you properly. You may be required to present your claims in Court against the Estate and you should have appropriate legal advise before proceeding.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
