How Long After Bankruptcy Can You Inherit? (w/Examples) + FAQs

You can inherit any time after bankruptcy, but money or property from someone who dies within 180 days of your filing date belongs to the bankruptcy estate under 11 U.S.C. § 541(a)(5). If the person leaving you the inheritance dies on day 181 or later, the inheritance is fully yours in a Chapter 7 case. In Chapter 13, the rules are stricter, and many courts stretch the reach of the estate through the entire repayment plan under 11 U.S.C. § 1306.

The trigger is the date of death, not the date you receive the check or deed. That means a relative who dies on day 179 can pull a windfall into the hands of the Chapter 7 trustee, even if the estate does not close for two more years. According to the American Bankruptcy Institute, over 450,000 Americans filed bankruptcy in 2024, and inheritance disputes are among the top five reopened-case issues each year.

Missing this rule can cost you the entire inheritance, a discharge, or both. You also have a legal duty to tell the trustee in writing within 14 days under Federal Rule of Bankruptcy Procedure 1007(h). Silence is treated as fraud, and courts routinely revoke discharges under 11 U.S.C. § 727(d) when debtors hide a death-bed windfall.

Here is what this guide delivers:

• ⚖️ The exact day-count math for the 180-day window and how courts fight over it
• 🏛️ How Chapter 7, Chapter 11, Chapter 12, and Chapter 13 each treat post-filing inheritances
• 🗺️ State-by-state exemption nuances that can save part or all of the money
• 🧾 Named examples, disclaimer tactics, and spendthrift trust protection
• 🚫 The most common mistakes that wipe out a discharge or trigger a § 727 revocation

The 180-Day Inheritance Rule Explained

The backbone of this topic is Section 541(a)(5)(A) of the Bankruptcy Code. It sweeps any interest in property the debtor “acquires or becomes entitled to acquire” by bequest, devise, or inheritance within 180 days after the petition date into the bankruptcy estate. In plain English, if your aunt dies within six months of your filing date, the money is not yours — it belongs to the estate and the trustee can use it to pay creditors.

The consequence of violating this rule is severe. A debtor who hides a within-window inheritance faces denial of discharge under § 727(a)(2), revocation of a discharge already granted under § 727(d), criminal exposure under 18 U.S.C. § 152, and possible fines up to $250,000 or five years in prison. The U.S. Trustee Program actively audits filings and cross-checks probate records, so “nobody will know” is not a real defense.

A real-world scenario makes the rule concrete. Imagine Maria files Chapter 7 on March 1. Her grandfather dies on August 20 — day 172. Even if the probate case drags into next year and Maria does not cash the check until 14 months later, that inheritance belongs to the Chapter 7 estate. The trustee can sue her under § 542 for turnover if she spends the money.

A common misconception is that the 180 days runs from the discharge date. It does not. It runs from the petition date — the day the case is filed. People also wrongly assume that refusing the inheritance (a disclaimer) fixes the problem, but courts have held that a post-petition disclaimer of a within-window inheritance is itself a fraudulent transfer under § 548.

Counting the 180 Days

The 180-day clock starts the instant the petition is filed. Day 1 is the day after filing, and the window closes at the end of day 180. Courts use Federal Rule of Bankruptcy Procedure 9006 to compute time, so weekends and holidays are counted, but if day 180 falls on a weekend the window technically still closes that day for death purposes.

The triggering event is the death of the person leaving the inheritance, not the probate court’s distribution order. This rule comes from the leading case In re Roth, where the Seventh Circuit held the debtor becomes “entitled” on the date of death. So if your uncle dies on day 180 but probate takes three years, the money is still property of the estate.

If the death happens on day 181 or later, the inheritance is completely outside the Chapter 7 estate. Debtors often time filings when a relative is terminally ill, and while that is legal, trustees have subpoenaed hospice records in bad-faith cases like In re Kloubec.

Why Congress Chose 180 Days

Congress wrote the 180-day rule into the 1978 Bankruptcy Reform Act to stop debtors from filing bankruptcy right before a sure inheritance. Before 1978, inheritances received after filing were always safe, which encouraged strategic filings when an elderly relative was close to death.

The reasoning behind the six-month window is a balance. Six months is long enough to catch opportunistic filings, but short enough to avoid trapping debtors in an open estate forever. The consequence for creditors is a fair shot at recoveries they would have gotten outside bankruptcy.

A misconception here is that the 180-day rule is “unfair” and can be challenged on constitutional grounds. It cannot. The Supreme Court in United States v. Whiting Pools made clear Congress has broad power under the Bankruptcy Clause to define estate property.

Chapter 7 vs. Chapter 13 Inheritance Rules

Chapter 7 and Chapter 13 treat inheritances very differently, and the difference can cost or save you tens of thousands of dollars. Under § 541(a)(5), Chapter 7’s window is a hard 180 days from filing. Under § 1306(a), the Chapter 13 estate picks up property the debtor acquires after commencement of the case but before the case is closed, dismissed, or converted — which usually means the full 3 to 5 years of the plan.

The consequence of choosing the wrong chapter can be massive. A debtor who files Chapter 13 to save a house may lose a $200,000 inheritance in year 4 of the plan, when the same inheritance in year 4 of a closed Chapter 7 would be untouchable. Trustees in both chapters have discovery powers under Bankruptcy Rule 2004, and they use them.

A named example helps. James files Chapter 13 with a five-year plan. In year 3, his mother dies and leaves him $80,000. The Chapter 13 trustee files a motion to modify the plan under § 1329, requiring James to pay a larger dividend to unsecured creditors. If James had filed Chapter 7 and been discharged in month 4, the same inheritance would be completely his.

A common misconception is that the 180-day rule applies in Chapter 13 the same way it does in Chapter 7. It does not. Courts like the Fourth Circuit in Carroll v. Logan have held § 1306 extends the inheritance reach for the life of the plan, even past 180 days.

Chapter 7 Treatment

In Chapter 7, the 180-day rule is the entire story. If the person leaving you property dies after day 180, nothing is part of the estate, even if the case is still open. The trustee has no claim, and you do not have to report the inheritance.

If the death falls within 180 days, you must amend Schedule A/B and file a supplemental schedule under Rule 1007(h) within 14 days of learning about it. The trustee then decides whether to administer the asset. If the asset is worth less than the cost of collection, the trustee may abandon it under § 554.

A named example is Priya, who filed Chapter 7 on January 10. Her father died on July 12 — day 183. The inheritance is 100% hers, even though her case was still open. She does not have to report it, and the trustee cannot touch it.

Chapter 13 Treatment

In Chapter 13, most circuits follow Carroll v. Logan and hold that inheritances received any time before the case closes are property of the estate under § 1306. A minority of courts — mostly bankruptcy courts in the Fifth and Ninth Circuits — still apply only the 180-day rule, but that view is fading fast.

The practical consequence is that a Chapter 13 debtor must report any inheritance to the trustee within 14 days under Rule 1007(h). The trustee will usually seek a plan modification to capture the new funds for creditors, unless state exemptions cover the inheritance.

A named example is Devon, who confirms a 60-month Chapter 13 plan paying 10% to unsecured creditors. In month 40, his grandmother dies leaving $50,000. The trustee moves to modify under § 1329, and Devon must either pay unsecured creditors 100% or pay in the inheritance up to that ceiling.

Chapter 11 and Chapter 12 Treatment

Chapter 11 individual debtors are covered by § 1115, which — like § 1306 — pulls post-petition property into the estate until the case is closed, dismissed, or converted. Courts apply the same logic as Carroll v. Logan to Chapter 11 individuals, so the 180-day rule is effectively extended.

Chapter 12, for family farmers and fishermen, uses § 1207, which mirrors § 1306. Inheritances during the plan are estate property. Because Chapter 12 plans run 3 to 5 years, a farmer who inherits land mid-plan may be forced to sell or pay its equivalent value to creditors.

A named example is Ruth, a family farmer in Chapter 12. In year 2 of her plan, she inherits 40 acres worth $400,000. The trustee argues the land is estate property under § 1207, and Ruth has to modify her plan to capture the equity.

State Exemption Nuances

Even when an inheritance falls inside the estate, state exemptions can shield part or all of it. Under § 522(b), debtors use either the federal exemptions or their state exemptions, and 19 states let the debtor choose. The April 1, 2025 federal exemption adjustments set the federal “wildcard” at $1,675 plus up to $15,800 of unused homestead, and the federal homestead exemption at $31,575.

The consequence of picking the wrong exemption scheme is that an otherwise-protected inheritance becomes fair game for the trustee. Exemption choice is made on Schedule C and is binding once the 30-day objection window in Rule 4003 closes.

A real-world scenario is Carlos in Florida. Florida’s exemptions include an unlimited homestead under Article X, § 4 of the Florida Constitution, so if Carlos inherits a house and moves into it as his primary residence before the trustee sells it, the full value may be exempt. Texas, under Texas Property Code § 41.001, works the same way on a 10-acre urban or 100-acre rural tract.

A misconception here is that state exemptions automatically protect cash inheritances. They usually do not. Cash has a low exemption almost everywhere — for example, California’s “System 2” wildcard under CCP § 703.140(b)(5) is capped at around $1,900 plus unused homestead.

Representative State Examples

In California, debtors choose between System 1 (CCP § 704) and System 2 (§ 703.140). System 2 offers a larger wildcard — about $35,000 of unused homestead — that can shelter a cash inheritance. System 1 offers the massive homestead (up to $678,391 in 2025 high-cost counties) but a tiny wildcard.

In New York, the CPLR § 5206 homestead runs from $93,750 to $187,500 depending on county. New York’s personal property exemptions under Debtor and Creditor Law § 283 include a $1,150 cash exemption, so most cash inheritances are not safe.

In Texas, Property Code § 42.001 exempts $100,000 of personal property for a family ($50,000 single). The homestead is unlimited in value, which makes inheriting a Texas home before the 180-day window closes a powerful shelter.

Opt-Out States

Thirty-one states, including Florida, Texas, and Virginia, have “opted out” of the federal exemptions under § 522(b)(2). Debtors in those states must use state law only. That restriction sometimes hurts — Virginia’s homestead under Va. Code § 34-4 is only $25,000 — and sometimes helps, as in Florida.

A named example is Hannah, a Virginia debtor who inherits $60,000 during the 180-day window. Virginia’s homestead can shelter up to $25,000, but the remaining $35,000 is exposed. Hannah’s only option is to amend and claim every available exemption — poor man’s homestead, tools of trade, tenancy by the entireties if jointly owned — under Va. Code § 34-26.

A misconception is that residency alone controls exemption choice. Under § 522(b)(3)(A), debtors must have lived in a state for 730 days to use its exemptions. Recent movers often get stuck using the exemptions of their prior state.

Inheritance Timing Scenarios

Timing of Death	Result for the Debtor
Before petition date	Inheritance is a pre-petition asset; full value in estate subject only to exemptions.
Day 1 through day 180 in Chapter 7	Estate property under § 541(a)(5); trustee may sell non-exempt value.
Day 181 or later in Chapter 7 (open case)	100% debtor’s; no reporting duty; trustee has no claim.

Inheritance Event	Chapter 13 Outcome
Death within 180 days of filing	Estate property under § 541(a)(5); must amend and report within 14 days.
Death after 180 days but during plan	Majority rule: estate property under § 1306; trustee may modify plan under § 1329.
Death after plan completion and discharge	Fully debtor’s; nothing owed to creditors.

Planning Move	Legal Consequence
Post-petition disclaimer of inheritance	Treated as fraudulent transfer under § 548; trustee can void it and take the asset.
Testator dies on day 181	Inheritance is outside Chapter 7 estate; no turnover, no reporting.
Spendthrift trust distribution mid-case	Protected under § 541(c)(2) if valid under state law; only actual distributions may be reached.

Named Real-World Examples

Abstract rules mean little without people. The following three named scenarios illustrate how the rules bite — and sometimes miss — in everyday cases. Each shows a different chapter, timing, and state, so you can see how the moving parts fit together.

Example 1: Sofia in Chapter 7 (Ohio)

Sofia files Chapter 7 on April 15. Her father passes away on October 10, day 178, leaving her a $40,000 IRA. Because the death falls inside the 180-day window, the IRA is estate property under § 541(a)(5)(A). Ohio’s exemption for inherited IRAs under Ohio Rev. Code § 2329.66(A)(10)(c) is limited after Clark v. Rameker, which held inherited IRAs are not retirement funds.

The trustee demands turnover. Sofia must either hand over the $40,000 or negotiate a buy-back for a discounted price. Her discharge depends on honest reporting within 14 days under Rule 1007(h).

Example 2: Aiden in Chapter 13 (California)

Aiden confirms a 60-month Chapter 13 plan paying 5% to unsecured creditors. In month 48, his aunt dies and leaves him $120,000. Under Carroll v. Logan and California bankruptcy court rulings like In re Vu, the inheritance is estate property under § 1306 because the case is still open.

The trustee files a motion to modify under § 1329, requiring Aiden to pay unsecured creditors 100% of their claims — about $38,000. Aiden pockets the remaining $82,000. Had he filed Chapter 7 instead, all $120,000 would have been his.

Example 3: Noah in Chapter 7 with Disclaimer (Texas)

Noah files Chapter 7 on June 1. His grandmother, who named him in her will, dies on September 2 — day 93. Noah tries to disclaim the inheritance under Texas Estates Code § 122.051 so the asset passes to his sister. The trustee sues to avoid the disclaimer as a fraudulent transfer under § 548.

The Fifth Circuit in Simpson v. Penner and the Supreme Court in Drye v. United States held that a disclaimer of property the debtor has already “become entitled to acquire” is a transfer the trustee can avoid. Noah loses the disclaimer strategy and the inheritance is administered by the trustee.

Planning Strategies and Their Limits

The legal space for planning around an inheritance in bankruptcy is narrow but real. Some tools are legitimate; others are traps. The Department of Justice U.S. Trustee Program monitors these moves and prosecutes abusive ones under 18 U.S.C. § 152.

The consequence of a sloppy plan can include denial of discharge, civil fraud judgments, and criminal referral. The consequence of no planning at all can be a lost $100,000-plus windfall.

Qualified Disclaimers

A qualified disclaimer under IRC § 2518 made before filing bankruptcy is valid. It is not a fraudulent transfer because the debtor never “acquired” the property under federal law. Pre-petition disclaimers are a legitimate tool when a terminally ill relative’s estate is known.

A post-petition disclaimer of a within-window inheritance is treated very differently. Under Drye, the debtor’s “entitlement” arises at the moment of death, and a later disclaimer is a voidable transfer. The consequence is that the trustee recovers the property anyway, and the debtor may face sanctions.

Spendthrift Trusts

A properly drafted spendthrift trust under state law is excluded from the estate by § 541(c)(2). Only actual distributions the debtor is entitled to receive are at risk. Self-settled asset-protection trusts do not qualify and can be attacked under § 548(e), which has a 10-year look-back.

A named example is Elena, whose mother’s will poured assets into a spendthrift trust naming Elena as beneficiary. Elena files Chapter 7. The principal is safe under § 541(c)(2), but any quarterly distributions during the 180-day window are estate property.

Timing the Filing

Filing bankruptcy after an expected death is often the cleanest move, but it requires the debtor to survive creditor collection until the death. Filing right before a relative dies, knowing the death is imminent, is legal but trustee-scrutinized. The leading case on bad-faith filings is In re Love.

A misconception is that waiting 181 days after filing to “accept” an inheritance fixes timing problems. It does not. The key date is death, not acceptance.

Mistakes to Avoid

Inheritance mistakes in bankruptcy are some of the most dangerous and avoidable errors debtors make. Each of the following has produced real § 727 denials, revocations, or criminal referrals.

• Failing to report a within-window inheritance within 14 days under Rule 1007(h), which is the single most common cause of discharge denials in inheritance cases.
• Spending an inheritance before telling the trustee, which converts a civil turnover claim into a criminal bankruptcy fraud case under 18 U.S.C. § 152.
• Disclaiming an inheritance after filing, which is a voidable transfer under § 548 and also evidence of fraudulent intent under § 727(a)(2).
• Counting 180 days from discharge instead of from petition date, which leads debtors to hide inheritances they did not need to hide — or worse, fail to report ones they did.
• Assuming Chapter 13 has the same 180-day window as Chapter 7, when Carroll v. Logan and § 1306 reach through the entire plan.
• Using the wrong state’s exemptions because the debtor moved within 730 days of filing, triggering the § 522(b)(3)(A) domicile rule.
• Depositing inheritance checks into a joint account, which can waive tenancy-by-the-entireties protection in states like Florida and Maryland.
• Ignoring inherited retirement accounts after Clark v. Rameker, which held inherited IRAs are not exempt “retirement funds” under § 522(b)(3)(C).
• Accepting a life insurance payout without checking state exemptions such as Florida Statutes § 222.13, which can fully shelter death benefits payable to a spouse or child.
• Failing to close the bankruptcy case promptly in Chapter 13, which keeps the § 1306 window open and exposes future inheritances to creditors.

Do’s and Don’ts

• Do notify your attorney within 24 hours of any relative’s death during or within 180 days of your case.
• Do amend Schedule A/B and Schedule C immediately — exemptions can shelter most or all of the asset if claimed in time.
• Do keep inherited funds in a separate, untouched account until the trustee rules on the asset.
• Do consider converting Chapter 13 to Chapter 7 under § 1307(a) if you qualify and an inheritance is coming.

• Do get written confirmation from the trustee that the asset has been abandoned under § 554 before spending it.

• Don’t disclaim an inheritance after filing without first getting court approval; courts almost always treat it as a § 548 transfer.

• Don’t deposit inheritance money into a joint account with a non-debtor spouse; it may forfeit tenancy-by-the-entireties protection.
• Don’t assume a trust distribution is automatically protected — only valid spendthrift trusts qualify under § 541(c)(2).
• Don’t hide the inheritance from the trustee, even briefly; bankruptcy crimes have a five-year federal statute of limitations under 18 U.S.C. § 3284.
• Don’t rely on verbal promises from the trustee; get every decision in writing or on the docket.

Pros and Cons of Each Chapter for Inheritance Risk

• Pro of Chapter 7: The 180-day window is the entire exposure period, so a quick discharge often puts inheritance risk behind you in under six months.
• Pro of Chapter 7: Once closed, no trustee can reach future inheritances, making Chapter 7 the safer choice when a relative is elderly but not imminently terminal.
• Pro of Chapter 13: Allows debtors to keep non-exempt assets they already own, which sometimes matters more than inheritance risk.
• Pro of Chapter 13: Plan modifications under § 1329 are capped at paying unsecured creditors 100% — you keep anything above that.

• Pro of either chapter: State exemptions under § 522 often shelter part or all of an inheritance, regardless of chapter.

• Con of Chapter 7: A terminally ill relative inside the 180-day window can cost the entire inheritance to creditors.

• Con of Chapter 7: Inherited IRAs are not exempt after Clark v. Rameker, even though ordinary IRAs are under § 522(b)(3)(C).
• Con of Chapter 13: The § 1306 reach through the plan can expose inheritances years after filing.
• Con of Chapter 13: Trustees actively review probate databases and require annual tax return submissions that flag inheritances.
• Con of either chapter: Reporting duties under Rule 1007(h) are strict, and honest mistakes can still be treated as fraud under § 727.

Reporting Process Step-by-Step

When a death triggers the inheritance rules, the process is narrow and time-sensitive. Federal Rule of Bankruptcy Procedure 1007(h) requires a supplemental schedule within 14 days. Missing that deadline is the single most cited reason for revoked discharges in inheritance fraud opinions.

The consequence of a late or incomplete filing is direct. Trustees routinely move for denial of discharge under § 727(a)(4) for false oaths and under § 727(a)(2) for concealment. Federal prosecutors can pile on under 18 U.S.C. § 152.

Step 1: Notify Your Attorney

Call your attorney the same day you learn of the death. The attorney should verify the petition date, count the 180 days, and determine the controlling chapter rule. Document the timeline in writing.

The common mistake here is assuming the trustee already knows. Trustees do not monitor probate courts in real time, and silence is legally equivalent to concealment even if you plan to tell them “soon.”

Step 2: File the Supplemental Schedule

Within 14 days, the attorney files an amended Schedule A/B and an amended Schedule C claiming every available exemption. The filing should attach a copy of the will or trust, the death certificate, and a probate inventory if available.

Missing information is not a defense for a late filing. If the probate inventory is not ready, file what you know and supplement later.

Step 3: Attend a § 341 Continued Meeting

The trustee will usually schedule a continued § 341(a) meeting of creditors to examine the debtor under oath about the inheritance. Answer fully, honestly, and with documents.

Trustees use the U.S. Trustee Chapter 7 Handbook as their playbook. Debtors who prepare answers that match the handbook’s questions avoid most problems.

Step 4: Negotiate, Buy Back, or Surrender

If the asset has non-exempt value, debtors typically either buy it back from the trustee at a discount, surrender it for liquidation, or negotiate a settlement. All settlements must be approved under Rule 9019.

A misconception is that the debtor gets to choose the outcome. The trustee decides, subject to court approval.

Key Court Rulings Recap

Several cases dominate this area. Carroll v. Logan, 735 F.3d 147 (4th Cir. 2013) held § 1306 extends Chapter 13 inheritance reach beyond 180 days. In re Roth, 935 F.3d 1089 (7th Cir. 2015) confirmed the death date, not probate distribution date, triggers § 541(a)(5). Clark v. Rameker, 573 U.S. 122 (2014) excluded inherited IRAs from the “retirement funds” exemption.

Drye v. United States, 528 U.S. 49 (1999) held that disclaimers do not defeat federal property interests. Simpson v. Penner, 36 F.3d 450 (5th Cir. 1994) applied the same principle to post-petition disclaimers as § 548 fraudulent transfers. Together, these cases form the backbone of every inheritance dispute in modern bankruptcy practice.

Key Entities in an Inheritance Bankruptcy Case

Several players shape the outcome. The debtor has the reporting duty under Rule 1007(h) and the exemption rights under § 522. The Chapter 7 or Chapter 13 trustee is the representative of the estate under § 323 and the party that administers or abandons the inheritance.

The U.S. Trustee, part of the Department of Justice, oversees case administration and can move for denial or revocation of discharge. The bankruptcy judge rules on turnover motions, plan modifications, and § 727 adversary proceedings. The probate court in the decedent’s state controls the distribution timing, though not the bankruptcy consequences.

The testator — the person who dies — is the triggering event. The executor or administrator of the probate estate may be compelled by the trustee to pay the debtor’s share directly to the estate under a § 542 turnover order.

FAQs

Can I keep an inheritance if I file Chapter 7 and my relative dies on day 181?

Yes. Day 181 is outside the 180-day window in § 541(a)(5). The inheritance is 100% yours with no reporting duty and no trustee claim, even if your Chapter 7 case is still technically open.

Do I have to tell the trustee about an inheritance received after discharge?

No in Chapter 7 if the death occurred after day 180. Yes in Chapter 13 if the case has not yet been closed, because § 1306 keeps the estate open during the plan.

Can I disclaim an inheritance to keep it out of my bankruptcy estate?

No if you disclaim after filing — courts treat it as a fraudulent transfer under § 548. Yes if the disclaimer is valid and completed before you file the petition.

Does the 180-day rule apply to life insurance proceeds?

Yes. Section 541(a)(5)(C) specifically pulls in life insurance and death-benefit payments if the insured dies within 180 days of filing, subject to state exemption statutes protecting family beneficiaries.

Are inherited retirement accounts protected in bankruptcy?

No. The Supreme Court in Clark v. Rameker held inherited IRAs are not “retirement funds” under § 522(b)(3)(C), so they are generally unprotected unless state law provides a specific shield.

What if I inherit during a Chapter 13 plan?

Yes, the trustee can reach it under § 1306. Most circuits follow Carroll v. Logan and require a plan modification under § 1329, but exemptions still apply.

Does the 180-day window count weekends and holidays?

Yes. Federal Rule of Bankruptcy Procedure 9006 counts calendar days for the 180-day computation, so weekends and holidays are all inside the window.

Can I use state exemptions to protect an inheritance?

Yes. Exemptions under § 522 apply to inheritances just like any other asset, but you must claim them on an amended Schedule C within the 30-day window of Rule 4003.

Will the trustee find out about my inheritance if I do not report it?

Yes, almost always. Trustees cross-check probate records, tax returns, and social media. Hiding inheritances triggers § 727 and 18 U.S.C. § 152 criminal referrals.

Can I convert from Chapter 13 to Chapter 7 to escape the § 1306 reach?

Yes, sometimes. Under § 1307(a) debtors have a one-time absolute right to convert, though trustees and creditors may challenge bad-faith conversions designed to hide an incoming inheritance.

Is a spendthrift trust distribution during the 180-day window safe?

No for actual distributions the debtor is entitled to receive — those are estate property. Yes for the trust principal, which is excluded under § 541(c)(2) when the trust is valid under state law.

Can the trustee force probate to pay the inheritance directly to the estate?

Yes. Under § 542, the trustee can obtain a turnover order directing the executor or administrator to pay the debtor’s share into the bankruptcy estate rather than to the debtor personally.