Legal Question in Wills and Trusts in Texas

Death with will or no will

If a person dies with a will and has nothing but debts and a mortgaged house, is the beneficiary responsible for all the debt? If a person dies with debt and no will, what happens?


Asked on 3/29/09, 10:40 pm

1 Answer from Attorneys

Re: Death with will or no will

I'm not sure I understand your question, but I'll take a stab at it. The beneficiary would take the house subject to the mortgage on the house, and subject to any liens on the house. The beneficiary can also elect to not take under the will (or intestacy) if s/he so chooses.

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Answered on 3/29/09, 11:00 pm


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