Legal Question in Wills and Trusts in Texas
My father passed September of 2010. He left three properties to me his only son which were probated with a Title of Muniment in July 18th of 2011. We had settled all known outstanding debts before doing so.
January 18th of 2012 I received a claim against estate for what looks like medical bills. Will this reopen probate?
If I do not have the money to settle this debt what can this creditor do to me or property?
1 Answer from Attorneys
As you've found out, when a Will is admitted to probate as a muniment of title, no administration is created. You are under no obligation to go back and request that an administration be opened now. If this is your first notice of the debt, you're probably in the clear.
If the creditor wishes to try to collect their unsecured debt, they would need to go through the hassle of going back to open an administration -- probably a dependent one. From the creditor's perspective, depending on the amount of the debt, this would be a losing situation. Quite simply, the legal fees involved would likely outweigh the likelihood that they could be paid from assets that belonged to the estate.
You might respond to the creditor to simply advise them of the muniment of title proceeding from 2010 -- nothing more. If I'm the attorney for the creditor, I'd probably advise my client to write off the debt and move on.
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