Legal Question in Wills and Trusts in Texas

Decedent's Homestead - mortgage

My wifes grandmother recently passed leaving a will of her and her predeceased husband in Houston, Texas. The will declared that the home (which has a reverse mortgage on it) was left in the will to two adopted daughters. The however was an adult son living at the home at time of death. Does the heirs grandchildren have a legal right to the home since there is a mortgate. It is my understanding that the home can not be willed because it has a mortgage on it. Please advise.


Asked on 6/19/08, 4:29 pm

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Decedent's Homestead - mortgage

You were told wrong. The will needs to be probated.

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Answered on 6/19/08, 5:37 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Decedent's Homestead - mortgage

You were told wrong. The will needs to be probated.

Read more
Answered on 6/19/08, 5:37 pm


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