Legal Question in Wills and Trusts in Texas
My mother died without a will. There is an outstanding loan of 5k due for her house. My mom, brother and i signed and notarized a quit claim deed. This has not been recorede. Upon moms death I sent the finance co a copy of the death certificate and asked if we could work out a payment plan. I am on disability and one of my brothers is unemployed. The finance co will not talk to us about the account and has asked us about probate. What should I be doing to get the house into our name and paid for? Will the finance co forclose within a certain timeframe?
Thanks, EJones
3 Answers from Attorneys
contact an attorney..and when in probate no foreclosure may take place without court approval..but you need to probate the estate as soon as possible
Were there any other debts? Also, don't use quitclaims. You may not need to do probate, and there may be summary proceedings that you can do inexpensively.
Dave
http://leonlaw.com/askalawyer/disclaimer
Quit claim deeds are not recognized as providing insurable estate in Texas. Do not file it. You and your brother may be able to use affidavits of heirship and avoid probate. On the $5,000 loan, pay it off and demand that they provide a release of lien. However, if there are ongoing payments that you wish to make instead of immediately paying off the loan, the lender is required to take them from heirs.
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