Legal Question in Bankruptcy in Michigan

Michigan bankruptcy disbursment

My sister was given an equal portion of my late moms estate, less money that was deducted for an advancement on her inheritance, prior to her death. The advance on inheritance was verbably know to be taken out of her portion of inheritance after her death by everyone, however not listed in the will. Now my sister is filing for bankruptcy and questioning the disbursment. Can the courts take away the divided portion of her advancement from our siblings disbursment? Can we protect our inheiritance from her bankruptcy prior to her court appearance? Should we be present at any hearings?


Asked on 11/08/07, 7:46 am

1 Answer from Attorneys
Victoria Easterday Law Offices of Victoria Easterday

Re: Michigan bankruptcy disbursment

Only your sister's share of the inheritance is property of the bankruptcy estate. Your sister will have certain exemptions to protect assets and may be able to protect her entire share of the inheritance. Your share and your other siblings share will not be affected by her bankruptcy action. The bankruptcy hearing she will attend, called the 341 Meeting of Creditiors, is open to the public so you may attend. You may want to get a copy of her petition, in particular Schedule B which lists her assets to see how much of the inheritance she is claiming. Feel free to call me if you need help with this matter.

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Answered on 11/08/07, 8:40 am


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