Legal Question in Wills and Trusts in Texas

Demanding Equity without Probate

I owned (own) a house in Texas with a same sex partner who died intestate in a car accident in Dec 2003. His father(next of kin) in Indiana is demanding that I pay them half of the equity in the property. The estate has never been probated partly because of a great many medical and credit card debts. Must I pay him half the equity or can I force him to probate the estate first?

Thank you in advance.


Asked on 8/15/05, 2:23 pm

2 Answers from Attorneys
Jeffrey Hacker Law Offices of Jeffrey R. Hacker, PC

Re: Demanding Equity without Probate

This Estate needs to be probated, but one-half belong to your deceased partner's heirs at law. So you need to buy out the Estate, but you can't just write a check to your "in laws."

I suggest you contact an attorney.

Read more
Answered on 8/15/05, 3:13 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Demanding Equity without Probate

You have an undivided one half, and your partner's heirs will inherit his undivided one half. If the home is your homestead, you can't be divested. You should also let them know that he left a lot of debt, which attaches to his estate, and not to you.

If they wish to probate his estate they are free to do so. Then they'll have an undivided one half interest in your homestead and that interest (his estate) responsible for the medical and credit card debts.

Read more
Answered on 8/15/05, 4:12 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas