Legal Question in Wills and Trusts in Texas
Mother's Debts
My parents property was under both their names (etux). My mother passed away six months ago. She did not leave a will. I am now getting phone calls from her creditors asking for a settlement. I have advised them that she did not leave a will and my father is on a fixed income and unable to settle these debts. Are there any consequences if my father transfer ownership of property to me?
2 Answers from Attorneys
Re: Mother's Debts
Although the creditors could file a claim against the estate, few do that. A tranfer now would be in fraud of creditors. Better just leave it alone and hope they do not pursue this matter. However, at some point in time, your mother's portion of the property will have to be settled.
Re: Mother's Debts
If the property you are referring to is your father's homestead, you would be perpetrating a fraud against creditors and open the propery to claims.
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