Legal Question in Wills and Trusts in Texas

My deceased parents had two sons ,I am one my brother died

in 2013,before he died he filed a quit claim form detaching himself from parents property. Now I find abstract justice forms

filed against his cc debt ,selling the home my title lawyer wants to pay them off out of sale please advise me.


Asked on 11/09/15, 9:31 pm

1 Answer from Attorneys

David Leon David L. Leon, P.C.

There are not enough facts here. I'm guessing your parents owned a house, died, thereby leaving the house to you and your brother. Your brother then had some credit card judgments, tried to deed his share of the house to you, and then died.

Ok.

First, a quitclaim is not a transfer. There's problem number one.

Second, a credit card company sued your brother and has a judgment against him. That judgment "attaches" to any real estate he owned.

So, now you have a property, but your brother's judgment is "attached" to it.

You have a few options:

1. Review the abstracts. Make sure that it's really your brother. I've seen a lot of mistakes (similar names, etc.) If it's not your brother, you can file an affidavit to remove the lien.

2. If it is your brother, you have to either address this in your brother's probate action, or deal directly with the creditor. You can negotiate with them, see if they'll take less, or work out a deal.

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Answered on 11/21/15, 7:40 am


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