Legal Question in Wills and Trusts in Texas

Father deceased-no Will

My dad died 9/2005 without a will. He owed debts including a credit card bill, a truck, and a house. The credit card was cancelled, the truck repossessed, we want to keep the house. A collection agency is now calling demanding payment for the credit card and unpaid balance on the truck totalling over $27,600. The mortgage company is being paid but the house is still in his name. His life insurance was only $5,000 and paid for funeral expenses. How can this be resolved?


Asked on 6/15/06, 12:30 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Father deceased-no Will

Your father's estate is responsible for his debts. In order to keep the house you'd have to pay off the debts as well as keep paying on the mortgage.

If the equity in the house is more than the debts, it may pay to keep the house. If the equity is less, you might as well let them sue and foreclose. At this point it becomes a business decision. Factor in the cost of determining heirship if you want to keep the house.

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Answered on 6/15/06, 1:39 pm


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