Legal Question in Wills and Trusts in Florida

My mom,86, was scammed out of her life savings. She has nothing but SS and pension checks. We started the bankruptcy process in January with an attorney. Now he is saying mom will owe the trustee $6.000,possibly 30 days after the hearing, and it might be better not to go through w/it. She lives in FL and we want to sell her house and move her to Tucson. Can her creditor's take proceeds from the sale of the house which is homesteaded ? Her trust say's if she sells proceeds are split between the kid's ,which we'll do but two of us would hold the money for her.


Asked on 9/09/15, 7:25 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You need an attorney to review all the paperwork and the ownership on the assets. You need to discuss it with the bankruptcy attorney OR hire yet another creditor's rights attorney to answer you inquiries. Who filed bankruptcy? Your mother or her trust? Was the trust included in the bankruptcy? Too many questions unanswered in this fact pattern.

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Answered on 9/09/15, 8:27 am


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