Legal Question in Wills and Trusts in Texas

Avoid probate on house and take chances with creditors?

My children's mother died suddenly. She left her house to my son and daughter. My daughter has agreed to give my son her part of the house outright. The will left it to both of them. Their mom died with only a few hundred dollars in the bank (her only assets other than the house and property). There was credit card debt and then medical expenses resulting from treatment of her cancer. Can my son handle the transfer of the house himself without probate which is so costly? What if a creditor wants to place a lein on the house later on once it's in his name? Would he then be forced to sell the property? Total land and house value does not exceed $60,000.

Thanks so much.


Asked on 5/23/05, 12:44 pm

1 Answer from Attorneys

Harvey Harris Harris Law Firm

Re: Avoid probate on house and take chances with creditors?

Where is this? Is it in AR or TX? The will should say something about how to handle debts and creditors. If not, it will depend first on which state, then on a couple of other factors.

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Answered on 5/23/05, 4:53 pm


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