Legal Question in Wills and Trusts in Texas

My husband and I own our home. We were planning on selling it and moving. He has now been diagnosed with stage four lung cancer and not expected to live. If something happens to him, does the house automatically go to me (he has it written in his will for everything to go to me.) He also has wrung up enormous medical bills. If I sell the house, would I have to pay all of those out of the equity of the house?


Asked on 5/27/10, 8:54 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

It's not automatic. You will need to probate the will or have a survivorship deed drawn (which then makes transfer of ownership automatic). By all means stay in the house - it is exempt from the bills. If necessary, you may need to go through bankruptcy after all is said and done, but it is for times like these that bankruptcy is a good thing. My thoughts and prayers are with you both.

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Answered on 5/27/10, 4:14 pm


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