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I am surviving spouse & have life rights in deceased husbands house....son has filed chapter 7 bankruptcy which I paid...can he file again in less than 8 yrs ?
I know nothing about dower rights or life tenancy but it seems to me that if they charged you over $22.5K to stay in the house for roughly an 8 year period, that works out to about $234 per month. Was this for rent, paid in advance?
It wouldn't surprise me if they'll ask for another lump sump payment and that that's part of what's precipitating the Ch. 7 filing.
$234 a month rental isn't a lot generally speaking, but the whole concept of how the issues was handled seems pretty shady to me.
Like others recommended, you really need to get an attorney before this couple scams you again, because scamming is what it sounds like to me.
Good luck. It's time for your son and DIL to grow up and be responsible for their own lives.
son & wife sued me because I legally turned my share of house over to him in 06 so he would have no problems when I die. thereby whole house is his asset so when they went to chap 7 they were able to get me to pay $22.500 if I wanted to stay in house..but were unable to take my dower life rights from me. But in time they may file another bankruptcy & sue me again & go after my life rights also.
you are right my son is also responsible...she is very controlling & he likes to keep the peace..it broke my heart when they sued me ...she has isolated all the friends he had before he married her//she has no friends.....its all about spending/eating/& excuses not to work.......I keep holy water on hand as I have never met the likes of her in my all of my 75 years..thanks for your answers...
What do you meant that you paid for your son's Ch. 7 bankruptcy?
There is a time limit before another bankruptcy can be filed, but I don't know what it is offhand. I really do think you need to consult with a lawyer as the issue has become very complex, between the Ch. 7 and the life rights in the house.
I've always felt that no one should be able to use bankruptcy because they shopped until they dropped. I knew a fellow and his wife who did that twice, but what a life they had... new cars, new clothes, trips. Totally unfair. Next time don't bail him out.
yes I deeded my share to my son in 06...a very stupid move & I had a lawyer who should have warned me...I still have dower life rights & remain living in house..but the problem is my son who works 7 days a wk. has a wife from h*ll...never worked & got him into 1st chap 7 ...she is very good at spending other peoples money..even when they do get this house..she will always spend what she does/nt have......a real gold digger....
Your best bet is to contact an Elder Law attorney as your issue is complex. From what I understand, you have life use of the house that belonged to your husband. According to an older posting, the house was deeded to your son. He then declared bankruptcy, Chapter 7, and you paid something regarding this bankruptcy. Is the house still deeded in his name, or is there a lien on the property? Are you wondering if you still have life use of the property?
Curious why your son will be going through another Chapter 7 bankruptcy?
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
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I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
works out to about $234 per month. Was this for rent, paid in advance?
It wouldn't surprise me if they'll ask for another lump sump payment and that that's part of what's precipitating the Ch. 7 filing.
$234 a month rental isn't a lot generally speaking, but the whole concept of how the issues was handled seems pretty shady to me.
Like others recommended, you really need to get an attorney before this couple scams you again, because scamming is what it sounds like to me.
Good luck. It's time for your son and DIL to grow up and be responsible for their own lives.
There is a time limit before another bankruptcy can be filed, but I don't know what it is offhand. I really do think you need to consult with a lawyer as the issue has become very complex, between the Ch. 7 and the life rights in the house.
Curious why your son will be going through another Chapter 7 bankruptcy?