Legal Question in Bankruptcy in Utah

I have been living in a home (free) that my parents bought for me 16 years ago. Mother passed away and my dad is in a nursing home and is not well. My brothers and sisters sent me certified mail to start paying rent along with a very restrictive rental agreement. I have never had a rental agreement nor have I paid any rent or asked to pay rent by my parents. I am in cancer treatment with good prognosis. I have not worked in a year and even though I am 62, I am legal guardian for my 10 year old granddaughter. I did not sign the rental agreement nor have I paid any rent. The home is held in a famly trust. I am going to file a Chapter 7 bankruptcy. Do I have any protection from eviction from my family? Will BK protect me from legal action regarding this home?

Thanks


Asked on 7/14/10, 3:47 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

If the family trust owns the house they probably have the right to charge you rent. Bankruptcy will not help you. The parents of the 10 year old should be paying you child support, you could use that to help with the rent.

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Answered on 7/15/10, 7:02 am


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