Legal Question in Wills and Trusts in Texas
Probate will
My husband just passed away.I am having the will probated.The home is homesteaded and was left to me only. He had Credit card debt in his name only a lot before we married.Never used the cards. The house is in his name but left to me.Can the card co. stop the probate that is in progress. My name is not on any of the cards and have never used them.Does the will come first are the cards.We have no money left because we had to pay Dr. and furnual cost.My home is all I will have.was going for a defurred morgage. so I would have a home. The probate is already started and should be signed over to me if the will comes first. Thank you for your help.
1 Answer from Attorneys
Re: Probate will
Since the house is your homestead, the credit card companies cannot force a sale.