VIC Inheritance towards the end of bankruptcy

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Annie Mae

Member
21 May 2017
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I've read a few of the threads asking about what happens when you receive an inheritance during bankruptcy. I guess I'd like to know what the legal term for "receive" is.
I was due to be automatically released on the 25th of February 2017. I'm just waiting on confirmation this actually happened. (submitted an online request) I haven't received any other contact from the AFSA since original letter from them with my dates and bankruptcy number.
So I assume nothing has changed.

My question is, I only just found out my grandmother left all the grandchildren an equal sum of money. My uncle is the executor of her estate. So I only just found out about the money, and I'm pretty sure I'm already discharged. However my grandmother passed away in September of 2016. At this point I was still bankrupt. Everything is still in probate I think and the house got sold but has not settled yet.
The added complication is my uncle would like to get a family agreement made so that we all agree to getting an increased amount of money. (substantially more than the original amount). We have not signed any of the agreements or paper work yet.
Should I seek legal advice as to my best course of action?
Is the trustee entitled to the original bequeathed amount? Or the new sum of money when we sign the agreement and divide up the estate? (taking into account I believe I'm currently discharged.)

Thanks in advance for any help or suggestions.
 

Tim W

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28 April 2014
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This is one where you should get yourself a lawyer.