“My brother and I both have our names on my grandfather’s home, but he has lifetime conservatorship. If I file bankruptcy, can my creditors do anything with that property? Also, if he passed away within a few months of filing bankruptcy, can the creditors do anything with my brother’s half of the inheritance?”

Unfortunately, the trustee in bankruptcy can go after your assets, and if you have sufficient equity to attach after selling costs, then the trustee in bankruptcy can force a sale of the home. Additionally, your grandfather’s debtors will usually need to be satisfied before probate is over. This includes going after the equity in the house. If you own sufficient equity, you might think about taking out a loan against the house to pay your bills. Your brother would need to cooperate in that.

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Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.