Legal Question in Credit and Debt Law in Texas

Here's my question: If I do not pay my student loans back, will my parents' property be taken away from me if they leave everything to me? I owe tens of thousands of dollars in student loans. More than 50,000, less than 100,000. To put it in simplest terms, I cannot work in the field for which I went to school.

I did pay my student loans when I was financially able to do so. I paid them for the first three years, but I have not paid them in about 13 years. I simply cannot afford to pay.

So my question is simply: If I inherit anything, will it be taken since I have not paid back those loans? From my limited resources and research, It seems as though this "debt" will follow me to my dying day.

Questions I really would appreciate answered:

1.) Can anything I inherit be taken away from me because of my student loans? Will it be taken away?

2.) What can I do to try to work with them? I literally could pay $50 a month, and that really is the MOST I could afford to pay. If I pay them $50 a month, they will continue to hound me, right? They won't be satisified with me even showing an attempt even though they haven't received anything from me in 13 years? I have asked them for this option in the past. At this point, they won't half of it now and half of it sooner rather than later. I'm confused as to why they would rather demand something I obviously don't have than to accept my offer of paying them $50 a month for the rest of my life. It's better than nothing, I think.

3.) If I have my parents leave everything to someone else, is there anything my parents can have in writing that will make everything legally mine without it being in my name? In other words, even though my parents left it to someone else, is there a way that somewhere in writing they can make it where the land and house cannot be sold unless I agree to it?

4.) Any suggestions would be greatly appreciated.

5.) Can I be convicted for not paying my student loans back?

Thank you so much for your assistance.


Asked on 10/16/12, 3:24 pm

1 Answer from Attorneys

Greg Wiley Law Office of Greg Wiley PLLC

You may be able to go into a Chapter 13 Bankruptcy and you will be able to pay what the court says you can afford. I have several clients who are in perpetual 13s.

Thanks

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Answered on 10/19/12, 7:07 am


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