Legal Question in Wills and Trusts in Texas
probating estate
My husband passed away 2 months ago.(without a will) He had a house when we married , we bought a car together after we married. He has one daughter. One mother that lives in the house with us.I know the house goes to his daughter. She called me wanting the total of his medical bills,credit cards etc. Her husbands cousin is a lawyer in Houston and she wants all this so she can get something filed so the state does not come get the house out from under us because of the masive medical bills he aquired in the hospital prior to his death. I told her the house is hers because it was his separate property when we married. She said no that Texas is community property state. I know this is wrong and surely her cousin lawyer didn't tell her that. What I want to know is can the estate be probated in a different county than he lived in. His daughter lives in the next county and do they have to notify me when they do probate his estate. I need all rights to my car(she's not going to help me pay for it) I think she wants me to think the house is mine so that I will stay there and pay the house payment and all the bills and take care of her grandmother( whom I tolerated for my husbands sake).
1 Answer from Attorneys
Re: probating estate
Although the house is your husband's separate property, and it probably will pass to his daughter, you still have a widow's homestead right to live there as long as you want. If you want to keep living there, certain expenses will be paid by you, and others should be paid by your stepdaughter, if she is the new owner.
Your husband's estate should be probated or administered in the county where he lived and died, and where he owned real estate, but sometimes the court allows an estate to be administered in another county.
You should seek the advice of a lawyer to explain to you what you are entitled to, and to make sure your stepdaughter is not taking advantage of you. Your stepdaughter may be taking steps to try to minimize the amount that needs to be paid back to the hospital, and you need to make sure this is being done properly, so that you do not become liable for those bills.
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