Legal Question in Bankruptcy in California

Can a person holding status as Heir, file a bankruptcy petition to prevent the sale of a family property in foreclosure? The mother died intestate. The Heir has a pending probate petition for Letters of Administration.

Asked on 6/13/12, 7:26 pm

1 Answer from Attorneys

Scott Jordan Jordan Law Office
0 users found helpful
0 attorneys agreed

Yes, the estate can file bankruptcy. However, why? Is there equity in the family property? You may also be able to file a TRO to stop the foreclosure sale to all probate administration of estate assets.

You should contact an attorney knowledgeable in both probate and bankruptcy as soon as possible.

I would be happy to speak with you.

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6/14/12, 10:40 am

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