Legal Question in Wills and Trusts in Texas
intestate in community property state debts
in community property state when spouse dies intestate who is responsible for joint bills aquired during marriage when there is a step child over 18 let as a survivor. is estate half responsible for bills or is surviving spouse responsible for all bills ....... on real estate loans and loan is in surviving spouses name but was held jointly how can u protect credit when surviving child is living there and late on payments ... ruins my credit not hers
1 Answer from Attorneys
Re: intestate in community property state debts
The surviving spouse is responsible for the community debt.
As far as the stepchild is concerned, the surviving spouse has a life estate in that property, and the child's interest is subordinate to that of the surviving spouse. The child lives there at the spouse's sufferance.
Either she pays the rent (mortgage payments) to you, or you evict her.
You'll first have to file an application to determine heirship in the county where the decedent lived, then proceed from there. The stepchild has an undivided half interest in the personal property of the community estate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
