Legal Question in Credit and Debt Law in Texas
Debt relating to a deceased person
My father passed away and there was no will he left no money or life insurance. He did own his home. He had some credit card debt, I received a letter to his estate stating it would have to be paid by the estate. Since there is no estate if these are not paid, legally could they get anything such as his home?
Also what is involved to get his home put into my name. I am an only child and he was not married.
1 Answer from Attorneys
Re: Debt relating to a deceased person
Your father's home is the property of his estate. If you are his only child, you are probably his only heir. Talk to a probate lawyer in your state as to what you need to do to claim your inheritance. Procedures vary greatly state to state.
The credit card debt will have to be paid by you in order to get the home free and clear. Otherwise the credit card company could bring an action in probate, and end up forcing the sale of the home to satisfy the debt plus court costs and fees.
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