Legal Question in Wills and Trusts in Indiana

Texas Probate law - Forclosure

my military husband passed Oct 22 2005. his family sued me for EVERYTHING. The probate has still not happened. My name is not on the VA loan but I have a 50% vested interest in the home. The Mortgage company is forclosing the first week of August 2008 and they have refused to work with me or talk to me since 2005. Do I have any recourse?

Asked on 7/26/08, 10:28 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Texas Probate law - Forclosure

You need to confer with a Texas lawyer experienced in probate litigation. Due to its debtor-friendly collection laws, Texas has a reputation among creditors for being the land of deadbeats and bail jumpers. So you probably do have some kind of recourse. As the surviving spouse, you probably have the right to initiate probate proceedings and control a substantial portion of probate assets. You probably don't have a right to not pay a debt secured by a mortgage on real estate. But, as I say, this is a question for a Texas attorney, and you need to find someone immediately. Good luck.

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Answered on 7/26/08, 10:45 am

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