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Response to father died but went bankrupt two years ago.

from Too scared to say (iwasduped@yahoo.com)
You need a lawyer for this one. If the house was in his sole name, the I am sorry about your Dad, how tragic. I would have thought the OR would have served a Notice of Impending Sale under the Bankruptcy Act by now. Probate takes ages, particularly when there is a bankruptcy to figure into the equation, but unfortunately the Inland Rev has first dibs on any assets your father may have had. If the house was in joint names, and was part of a divorce settlement (ie went to your Mum) you are probably OK. But if this issue was never settled, the house goes into your father's estate and will become part of his assets to be distributed to creditors. Your mother has to prove a debt to even be added to the list; the fact that she divorced him won't altogether remove her from responsibility for "joint" debts (ie any she co-signed or can be held accountable for). You MUST seek legal advice. This is a very complex area of law and I would hate to give you the wrong information. I know this much is right, but how you fight it is beyond my knowledge, sorry!
(posted 8428 days ago)

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