If I file for Bankruptcy Can the Creditors go after my Property that I Share with my Brother?

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“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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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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Author: House Attorney

A house attorney has answered this question.

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