Legal Question in Wills and Trusts in Texas

Step-dad had no will, Mom owned house before marriage, what happens?

Step-dad only has personal property (household items) and has 2 sons. He also has quite a bit of credit card debt and will have medical bills to pay. Not sure when the credit card debt was incurred. They have only been married for 2 1/2 years. He received a pension, but Mom was told she was not entitled to it. He did have some money in a savings account, but they have a car and RV that they purchased together and she will need that to pay the payments until they can be sold. Does she have a right to that money, her name is on the account? She has a 401K account, will she have to pay the credit card and medical bills if they were incurred while they were marrie from her savings? There was an insurance policy that she was named as beneficiary, but most of that was used for the funeral expenses. Will the sons have rights to the personal property? Step-dad verbally told mom that he wanted his things to go to his grandsons, but nothing in writing? Do we need to have an attorney to sort through all this?


Asked on 4/28/04, 6:09 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Step-dad had no will, Mom owned house before marriage, what happens?

Getting an attorney on board will probably save you money in the long run. Particularly as it applies to medical expenses incurred as community debt. The creditors can't touch the house or your mother's 401K. She may be partly responsible for some of the credit card debt, but your step-father's estate first has to go to pay off his obligations. Then, if anything is left, his kids are entitled to 2/3 of his separate property and 1/2 of his community estate.

The tracing of property to see what's separate and what's community is best left to an attorney.

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Answered on 4/29/04, 1:12 pm


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