Legal Question in Bankruptcy in Virginia

Re: Homestead Exemption

1. Don't try to file bankruptcy pro se. It's too risky, particularly where you have potentially complicated issues. Mistakes can be expensive, and can even result in criminal charges.

2. The estate is an entity separate from you. Your asset is not the injury settlement, but rather the money that you will get from the estate. Her liabilities are only the estate's liabilities (unless you are jointly liable on the underlying debt), and only come out of estate money. If you are going to get money from the estate, that is listed on your schedules as an asset. Any decedent's estate exemption does not apply in bankruptcy. You can use your homestead exemption ($5000 + $500 per dependent + $2500 (?) if you are a disabled veteran) to exempt some or all of this money. But, as I said, this is all tricky, so you really should have counsel to do this.

Re: Homestead Exemption

Here's what you do: Actually pay an attorney! Sounds revolutionary, don't it? Once you pay someone they will do the work and actually research the law. Quit doing it on the cheap. Invest.