Legal Question in Wills and Trusts in Texas

Unexpected Death, Transfer Home, Bybypass Probate?

My husband's ex-wife lived in Texas. She died two weeks ago. She left a will leaving her small house and land to his son and daughter. His daughter wants to give her part to his son. Their mom had about $370 in a checking account. The problem is that the Williamson County Clerk's Office (Georgetown, TX) seems to only understand probate. Is there a way her small house could be titled to his son without going through probate (one firm he talked to estimated the costs of probate would be between $3,000-$5,000 or more). Funeral and other expenses have left almost nothing for this kind of expense.

There were several credit card debts she left unpaid. She started a bankruptcy procedure but passed away from breast cancer before the court date. Is probate and notifying the creditors his son and daughter's only option (they are over 21), or is there another kind of legal form they can use that is easier to file in order to transfer the mother's property, a filing that Texas allows and yet protects the new owner from her creditors.

Only her property/home are an issue here.

Thanks so much for your help,

Cait


Asked on 5/31/05, 8:33 am

1 Answer from Attorneys

Re: Unexpected Death, Transfer Home, Bybypass Probate?

There are some avenues, but they are fact specific. Is there an unmarried adult living in the home? Alternatively, you can file for probate and give the creditors notice, and either have the debts barred, or negotiate them down. Alternatively, if you can settle the debts through your own funds (at a steep discount) you may be able to do either an heirship affidavit or a small estate affidavit to clear title to the property?

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Answered on 5/31/05, 8:59 am


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