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TN - How does inheritance affect Ch 7 Bankruptcy after discharge?

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harleyconv

Junior Member
What is the name of your state?What is the name of your state? TN

My Grandmother died in February of 2004. She had a Will. She left her home to her 4 grandchildren. That is all the estate consisted of. Value of home is $16K. I was told this estate must be probated by an attorney since the home was being sold. Our father, is the named Executor and my Grandmother's only child. There is no dispute between the heirs. I had previously contacted the State of TN Bureau of Tenncare Estate Recovery Unit to determine what the estate owed for her nursing home care in the amount of $5,735. That is the only debt against the Estate. Executor gave attorney copy of Will in August 2004. House sold by Realtor Aug 19, 2004. In September 2004 Attorney contacts me for the original Will stating nothing could be done without the original. Original sent CRR. Dec 2004 Estate Escrow Agrt., W-9, Warranty Deed, Settlement Statement and Owner's Affidavit sent to heirs to sign to close home. Owner's Affidavit contains statement "Deponent further says that he does not have any judgments against him in any court and has not been in bankruptcy within the last ten (10) years." 2 brothers could not sign form. 1 brother's Ch 7 discharged Dec 14, 2004. Atty wrote letter to brother's Ch 7 Bankruptcy atty asking him to reopen. He would rather give his part of the estate to the other heirs rather than reopen and we were told he could not do that either. Options?
 



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