Legal Question in Wills and Trusts in Texas

My step-father passed away a few days ago. His will says my mother inherits the house. All of the cash was in a joint-right of survivor account - meaning there is no money to put in the estate. Who is responsible for paying the legal fees to probate the will? If there are any oustanding debts (his name only) how will they be paid?


Asked on 12/15/10, 2:47 pm

1 Answer from Attorneys

I don't have enough facts here, but I'll try. If the debts are secured (i.e. a mortgage, or a loan on a car) then the recipient of the asset would be responsible for the mortgage / lien. (There are exceptions.) If there are unsecured debts (i.e. credit cards) then the creditor may file an action in court to collect the portion of the joint account to which they can trace back to the deceased. This is an expensive procedure, and is rare for smaller estates.

As for who should pay for the probate, it would be the person trying to get the will probated. Most likely, your mother, since she's going to want the house.

Dave

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Answered on 12/25/10, 9:45 am


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