Legal Question in Wills and Trusts in Texas
my mom has a will leaving everything to me. she now has nthing but debt and personal items. do i have to probate the will? she owes back taxes on property, money on house trailer she gave up, car she just bought.....i fear if i probate her will i'll be responsible for her debt. what happens if i don't probate her will? i live in texas
1 Answer from Attorneys
If you do not probate her will, her creditors may probate her will or administer her estate and sell her non exempt property to pay her debts. If you probate her will, you will not be responsible for debts if there is not enough left to pay them in full. In paying her debts there is a priority of claims against the estate. The first priorty claims would be expenses incurred in the administration of her estate, such as funeral expenses and expenses incurred in her last illness. The last priority claims would be unsecured debt.
If you do not probate her will and a creditor does, they may attempt to seize any non exempt assets from you to to pay her debts.
Suggest you review this situation with a probate attorney.
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