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He has to abide by the laws in the State you are in and that includes what the Will declares. If you are to get the house then you get the house. Usually Wills are probated to be sure that all personal/property taxes are paid off and this includes all creditors are paid in full. What is left is called "Residue of the Estate." You also have a right to a copy of the Will and if your brother refuses to give you one, then get a lawyer and demand one.
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What happens to an inheritance during bankruptcy?
If the inheritance is based on a death within 180 days of filing bk, the inheritance becomes part of the estate and the trustee will use it to pay your creditors.
Brother dies leaves estate to his brother but he is deceased do his children automatically get his inheritance?
Assuming the brother who died with a will was unmarried and had no children, and assuming his beneficiary brother predeceased him, his estate would pass to the children of his siblings. If he had only one brother then his brother's children would inherit his estate.
How do you relinquish your rights to inheritance and give this to your brother in AZ?
In many cases within estate documents there is a provision to disclaim your inheritance. Check the will or trust to see if this provision is in the document. However by doing so, if there are more than one sibling, your amount of inheritance may be added to the residue of estate and distributed as the document specifies. If you can not disclaim your share, you may accept it after inheritance taxes are paid and gift it to your brother under the laws of gifting, thus removing it from your estate and placing into your brother's estate. Follow gifting guidelines of your state and the IRS.
What checks can be deposited into an estate bank account?
Checks made payable to the Estate, or to the Trustee of the Estate in their capacity as Trustee, and/or to the individual for whom the Estate is named.
Receiving an inheritance after filing Bankruptcy?
An inheritance to which you have a right within 180 days after your petition date is the property of the estate to which the trustee has the right. Thereafter, you get to keep it (in a chapter 7). In England, you might using a Deed of Variation, get to keep your inheritance. I presume the object of the question is information on shielding inheritance from creditors.
Who pays for tax liens on a Estate inheritance?
There wouldn't normally be liens on the inheritance...but on the assets in the estate, which can't be distributed and become an inheritance until they are settled by the estate.
What is another name for estate of inheritance?
Another name for an estate of inheritance is FEE SIMPLE. In contrast, a life estate is not an estate of inheritance because it does not pass to one's heirs at death.
If you received inheritance after bankruptcy can a creditor with a secured promissory note go after it?
If you receive an inheritance within 180 days after filing bankruptcy, it becomes the property of the bankruptcy estate and the Chapter 7 trustee can distribute the proceeds for the benefit of creditors.
Is it legal to receive money from a deceased family member while in bankruptcy?
Yes, but the inheritance will become part of the BK estate, which means the money would have to be turned over to the trustee to pay off your creditors (i.e. you do not get to keep the inheritance).
What happens to the estate of a trustee if the estate of a trust is insolvent?
The financial situation of the trustee should be irrelevent to the estate. Unless they have been embezzling funds, there isn't any effect.
Can the trustee take property after a chapter 7 is discharged?
No, unless a person dies within 180 days of the debtor filing for BK and the debtor receives an inheritance from the decedent's estate/probate.
Can you sell a real estate property titled in trustee after owner dies?
Can you sell a real estate property titled in trustee after mother and father dies
