Legal Question in Wills and Trusts in Texas

fathers estate

My stepdad passed away june 12 2006. He left me to be the executor of his will. We've settled his estate to be all on my moms name last Dec. 11th, through probate court in the state of Texas, San Antonio. A finance company had filed a claim in court, against my Dads estate Dec. 19th of last year. My mother had not ever known any debt to his until he died, never had her and my Dad received anything through the mail from this loan company, nor any calls, or anything taken out of their bank account, we suspect it's fraudulent. We've received calls after 2 months after his debt, I've asked proof of my dads signature. My youngest sister finally owned up to this debts, finding one more financial company she owes money to using my dads name and social security, but not proof that dad had anything to do with this. She's done this before, she just simply stop paying them after he died. Is my mom going to be responsible for this debt?


Asked on 1/04/07, 9:24 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: fathers estate

Your mom may be liable out of the assets of the estate, or you may be liable as the executor, if you can't prove that the debt is not against the estate.

Your youngest sister should be facing criminal charges for identity theft and fraud.

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Answered on 1/04/07, 4:16 pm


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