Legal Question in Wills and Trusts in Texas
inheritance law in Texas
Land (inheritance) was left by a deceased parent to an individual.... later on, during his marriage money was borrowed and the land (inheritance) was used as collateral and that loan was paid off. Later both parties divorced and nothing in the divorce mentioned the land. A few years later he remarries and decides to sell the land...then when land sells and the title company is doing their part they come across the old bank note (1991) where the money was borrowed and her (ex-wife) signature was on the note (paid off)...does the fact that they borrowed money and used the land as collateral mean now almost 16 years later...the ex-wife may have some rights to the proceeds of the sale???
I�m in Texas.
2 Answers from Attorneys
Re: inheritance law in Texas
In a nutshell, the ex-wife does have rights against that property
Re: inheritance law in Texas
You'd have to prove that the separate property was not commingled with the community debt in order to remove the ex-wife from having an interest in the proceeds. That's a tough sell.
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