How to Determine Whether a Debtor's Interest in a Decedent's Estate is (or May Become) Part of the Debtor's Bankruptcy Estate

Foley attorneys Erika Morabito and Brittany Nelson published an article, “How to Determine Whether a Debtor’s Interest in a Decedent’s Estate is (Or May Become) Part of the Debtor’s Bankruptcy Estate,” which appeared in the Fall 2014 issue of NABTalk, the official publication of the National Association of Bankruptcy Trustees. The article provides an in-depth analysis surrounding when a debtor has, or in the future, may be a beneficiary of a bequest or inheritance, and if those funds may be considered part of the bankruptcy estate. The piece also discusses if a debtor can disclaim his or her right to the property.