Legal Question in Credit and Debt Law in Texas
Collections of deceased relative
My father just passed away and we want to know how the creditors will find his estate. 1. Will they be able to find out he has a car or can we sell it? His house as well as his widows' was in both their names. We want to pay the rest of the mortgage loan on the house. 2. Can creditors put a lean on the mortgage and get their money before we make payments to pay off the house? 3. Is their a way we can find out his estate to comply with the creditors? 4. What is the most devastating approach the creditors can take?
1 Answer from Attorneys
Re: Collections of deceased relative
The first obligation of the decedent's estate is to pay the decedent's debts out of the proceeds of the estate. Any attempts to benefit from the estate to the detriment of creditors could be considered a transfer to defraud creditors, and have very serious consequences.