Legal Question in Wills and Trusts in Texas

My father passed away recently in Hidalgo County, Texas leaving real estate with an unpaid mortgage to my siblings and me. We have been named in a law suit citing foreclosure, public auction, arrorney fees and costs of suit. What liability do we have in this action?


Asked on 9/26/10, 1:26 pm

2 Answers from Attorneys

The answer depends on how the note was made. If you or your siblings co-signed the note, or otherwise acted as a guarantor, then there would be liability on it. I would have to see the lawsuit or the loan documents to be sure, however. If you like, my office can review the lawsuit papers for you during a free consultation.

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Answered on 10/01/10, 1:55 pm
Donald McLeaish McLeaish&Associates;, P.C.

none..but if the estate has other assets, the estate could be liable. MOST residences are more valuable than the outstanding mortgage..so have u tried to sell the property??and if u file for probate it will stop the foreclosure..you can probate without a will..call a lawyer in Hidalgo County for a consultation or a realtor to see what the value of the property is..

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Answered on 10/01/10, 1:56 pm


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