Legal Question in Wills and Trusts in Texas

I live in Texas, my husband passed away 10 months ago. At the time of his death he had about $30,000 of debt (in his name only). I contacted all of his creditors and they said since the accounts were in his name, I was not liable. But they also said that if they find a probate that was filed (within 2 years) then they would then come back to me and try to collect. I do not plan to probate (have nothing to probate) However, how do I get our house put solely in my name? I have heard that it is required to do a probate for that. But I am concerned if I probate for the house then all these creditors will start showing up again. And what happens if I keep the house in both of our names even though he is deceased?


Asked on 8/03/11, 8:10 am

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

If you are the sole heir, you do not need to probate. If he was married before and/or had children or the house was his separate property before..others may have a claim. Creditors have no right to the house since it is exempt..so don't worry about them...call us if we can help

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Answered on 8/03/11, 9:11 am
David Leon David L. Leon, P.C.

You can do a motion to set aside exempt property (such as the house.) Unsecured creditors (such as credit cards) do not have claims against a homestead. A mortgage or other lien, however, may.

Dave

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Answered on 8/03/11, 9:23 am


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