Legal Question in Wills and Trusts in Texas
Decedent's Homestead - mortgage
My wifes grandmother recently passed leaving a will of her and her predeceased husband in Houston, Texas. The will declared that the home (which has a reverse mortgage on it) was left in the will to two adopted daughters. The however was an adult son living at the home at time of death. Does the heirs grandchildren have a legal right to the home since there is a mortgate. It is my understanding that the home can not be willed because it has a mortgage on it. Please advise.
Asked on 6/19/08, 4:29 pm
2 Answers from Attorneys
Cheryl Rivera Smith
The Smith Law Firm
Re: Decedent's Homestead - mortgage
You were told wrong. The will needs to be probated.
Answered on 6/19/08, 5:37 pm
Cheryl Rivera Smith
The Smith Law Firm
Re: Decedent's Homestead - mortgage
You were told wrong. The will needs to be probated.
Answered on 6/19/08, 5:37 pm
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