Legal Question in Wills and Trusts in Texas
No will with debt
My mother lived with her boyfriend for 15 years without being married. I beleive TX recognizes common law marriage. He did not have a will. He still owes money on the home (which was only in his name). My mother would like to assume the debt as it is written. She does not think she would be able to get credit on her own, as she is in chapter 13 bankrupcy (which will be completed in may 2007).
He also has a vehicle that is not paid for. She is willing to assume that also. PLease give me all the advise you can. Can she do everything needed without an attorney? will the estate go into probate automaticlly?
1 Answer from Attorneys
Re: No will with debt
This is more than a little bit complicated. If boyfriend has children from a previous marriage or relationship then it is even more complicated. I don't think you can do this without a lawyer, but a determination of heirship proceeding is probably in order to vest title to the assets in whoever is entitiled. Then a negotiation with the creditors to allow your mother to take over the debts.
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