Legal Question in Bankruptcy in Virginia

bankruptcy and being an heir to an estate

I filed Chapter 7 bankruptcy in December of 2006, November 2006 my grandmother passed away and after I had my bankruptcy hearing I found out that I was an heir to part of her estate. It is now April 2007 and my aunts and uncles are selling her house. I was just informed that my portion will not be coming to me but to the trustee of my bankruptcy even though this was discharged in February 2007. Can this be done? Nothing of this was explained to me by my attorney or the residing bankruptcy affiliate at the court.


Asked on 4/26/07, 8:01 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: bankruptcy and being an heir to an estate

That's correct. Anything inherited based on a death occurring prior to 6 months after filing is property of the bankruptcy estate. Since she died before you filed, the trustee gets it. Before you filed, did you tell your lawyer that your grandmother had passed away?

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Answered on 4/26/07, 8:20 pm


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