Legal Question in Wills and Trusts in Texas

Re: Mother's Estate

I'm sorry about your mother. As for your issue, is anyone living in the house now? There are a few exemptions protecting a homestead, but as others have pointed out, it's rare for a creditor to go after the real estate in this context. Call me if you want to discuss your case further.

Re: Mother's Estate

As you suggest, the house is now your mother's *estate*. It is no longer homestead because she is no longer living there. Thus it could be available to creditors if they should make a claim, but rarely happens. The house does *not* belong to the children until it is properly transferred from the estate. Find a lawyer. Good Luck.

Re: Mother's Estate

She's dead and therefore it is no longer her homestead. It is not exempt. The house would pass to her children and if dad had no will any of his children outside of the marriage if the house was community property. When you sell the house, a title company can direct you as to whether an affidavit of heirship will be satisfactory to convey. My sympathy for the loss of your parents.