Legal Question in Family Law in Texas
My husband and I have been married for almost 8 years. He is 100% disabled and has been since 2004. He was married previously and got divorced in 2005. The divorce decree/agreement indicated for my husband to pay $25/month toward the ex-wife's student loans (she got a PhD). She called today asking to take out a life insurance policy on him because she said that she wants security when he passes that his portion of *her* student loan will be paid upon his death. I said no, a flat no at that ridiculous request. She then countered by saying that when he passes and still owes her, that she will come after "his estate" for the balance of his portion of the loan amount...which she said was in the range of $89k. We are in the state of Texas. Because of his minimal income, medical bills, and credit issues, nothing in our married life is in his name. We could not even get the home loan in both names, only in mine. So my question is - should he pass, would I legally become liable to her to pay an amount or agreement from THEIR divorce?
1 Answer from Attorneys
Your husband may or may not have an estate that needs to be probated. If he dies without any assets, then his estate probably won't need to be probated. But she could go to court and ask that a probate be set up. It would be up to the judge about what happens if she files a lawsuit demanding probate. If he does not have anything then she won't collect anything. Debts are paid in a certain order in the probate process - like his funeral and final hospital visit gets paid first - she might be at the end of the list and never see a penny. But you cannot stop her from trying to sue you - you would have to retain the services of an attorney to help you "fight" her if she sues you.
You need to talk to a probate and/or estate planning attorney. It appears that you funds are limited. Look for a local pro bono (free) legal group to help you. If you qualify, you can get a will and other estate planning documents done for free for you and your husband. Talk to the attorney about this matter too.
Look on the State Bar of TX website for the local pro bono group in your county. There is also Lone Star Legal Aide.
She might just a debt that she cannot collect on when he passes. But be sure that you protect yourself!
If he's disabled she might not even be able to get a life insurance policy on him.
Good luck.
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