Legal Question in Wills and Trusts in Texas

Mother died, no will, living spouse

My mother passed in April 2007. She took out a loan on a home 10 years ago that will be paid off in 5 months. She remarried 8 years ago. There are credit card bills in her name only. I am going to pay the home off for the surviving spouse. (he doesn't have any money). He wants to sell the home because he has no money to pay bills. The title is in my mom's name. How do we sell the home? Do the credit cards have to be paid out of the sale of the home? What part of the home is mine and what is the surviving spouses? There is no other property. What are we both liable for?


Asked on 5/02/07, 12:17 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: Mother died, no will, living spouse

If the surving spouse lives in the home,he has a homestead interest in the house. The house cannot be sold to pay her bills. Her husband is not responsible for her debt (the credit card bills in her name) unless the debt is for necessaries (food, clothing, shelter, medical care, etc.)

See an attorney with experience in probating insolvent estates.

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Answered on 5/02/07, 1:03 am


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