Once bankruptcy has been declared over an inherited estate, whose acts over that estate may be brought under the avoidance provisions the provision names?
General information · Not legal advice
Material to check
The practice file should hold the bankruptcy declaration made over the inherited estate, since the provision applies only after that declaration; each act said to be avoidable, since the provision reaches acts done over the inherited estate; and the papers showing who made it — a record naming the decedent, a proof of heirship for an heir, the appointment of the administrator of the inherited estate, or the will appointing an executor.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the list of actors at face value: where a bankruptcy declaration has been made over the inherited estate, acts done over that estate by the decedent, an heir, the administrator of the inherited estate or an executor fall within the avoidance provisions named, so the file must show both the declaration and which of these actors made the act.
Another reading stresses that the provision makes those cited provisions apply 'mutatis mutandis': it names the actors and the estate link but does not itself say which acts qualify, how the cited provisions are to be adjusted to an inherited estate, or what follows where an act was made before the bankruptcy declaration rather than after it.
Your judgment
If an act was recorded in another person's name, what in the file could show that it was in truth done over the inherited estate by one of the listed actors?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add or remove an actor, or if a court decision explains how far the cited provisions are to be read across to an inherited estate.