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In re Mattern

In re Mattern

Ruling
The debtor's prefiling contingent beneficiary interest in the debtor's father's revocable inter vivos trust and pour over will was excluded from property of the estate.
Procedural posture

The chapter 7 trustee filed a motion to determine estate property and for turnover of any trust or inheritance. The primary issue was whether income and/or property to which the debtor had an expectancy on the date of filing and to which he became entitled upon the death of his father, less than 180 days after filing, pursuant to his father's revocable trust and pour over will was property of the estate under 11 U.S.C. § 541(a)(1) or (a)(5).

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opinion summary, case decided on March 09, 2006 , LexisNexis #0306-131