Legal Question in Wills and Trusts in Texas

it becomes part of the estate subject to the remaining mortgage debt..and the heirs can pay it off ...

If your mom signed the note, the debt becomes an obligation of her estate. The creditor has the option of forclosing on the house selling it and returning the equity to your mom's estate or agreeing to accept payment of the balance due from her entire estate. If the creditor does not elect which option, the probate code will make that election for them.

If you did not cosign or guarantee the note you are not responsible.for paying off the house.

Does your mother have a will? If so, then the will controls who gets the house, subject to the mortgage. If not, then the heirs at law will get the house, subject to the mortgage.

I'm assuming that your mother doesn't have credit life on the house (an insurance policy that pays off the house in the event of her death.)

Dave

Please see my disclaimer:

http://leonlaw.com/askalawyer/disclaimer

Heirs have the right to continue to make payments.