Can an old debt be deducted in a will?
May 2007, we were discharged from bankruptcy. Last week a relative passed away, and when we were given a copy of the will, found that a large amount will be deducted from our families share of the estate. According to the papers this is for “previous loans” which would have all been dated previous to filing for bankruptcy. Is this allowable? or do we need to just send papers or have our trustee deal with it? We are worried that if we go thru the turstee – will they demand to receive part of the inheritance as well? The person was not listed as a creditor because the loan was forgotten over the years.
If the debt relates prior to a bankruptcy and if the deseased successfully completed the bankruptcy then the creditors in question (assuming they are proveable claims in a bankruptcy) would likely have been cleared.
As a result the best thing you can do is to contact the trustee.