Legal Question in Wills and Trusts in Texas

Sell of House, and Debt

My father passed away 2 weeks ago. My cousin works for a probate judge and has been helping myself and my 3 other siblings with the forms to help cut costs. She told us that we didn't have to probate his estate.

Prior to his death, he had a contract to sell his house. To continue on with the sell we submitted Affidavit of facts concerning identity of heirs and Statutory Durable Power of Attorney. We were told upon the sell of the house that the title company will cut 4 checks of equal amounts to each of the heirs.

My father also had one credit card with $4,500 balance and a cell phone. My cousin has told me that these are unsecured debit that we will not be responsible for payment.

He had also been in the Hospital prior to his death, but he has Medicare and AARP, which according to all his past bills, the two of them will cover his bill entirley.

Is is true that we will not be responsible for the credit card and cell phone bills? Are we ok not probating his estate? Do we need to worry about the hospital bills?


Asked on 10/08/08, 6:57 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Sell of House, and Debt

Your cousin is correct - a probate is not necessary provided the title company will accept the affidavit of heirship to sell the house. The Statutory Durable Power of Attorney became void at the time of death (dead person can't grant power). On the payment of bills, I tell my clients "What do YOU think is the right thing to do."

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Answered on 10/09/08, 7:33 am


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