In re Burns

DECISION

ROBERT E. GRANT, Bankruptcy Judge.

Debtor is a 98 year old man in poor health. He became incompetent in January of 1997. His daughter, Ruth Lockwood, acting through a power of attorney, filed a petition for relief under Chapter 7 on his behalf. The matter is before the court for a decision following trial of the issues raised by the trustee’s objection to Debtor’s claimed exemption for residential real estate. Debt- or’s right to the exemption is determined as of the date of the petition, In re Baker, 71 B.R. 312, 315 (Bankr.W.D.La.1987), and the trustee bears the burden of proving…