Legal Question in Wills and Trusts in Texas

my 28 year old son died in January. He was not married and did not have children. He also did not have a will. He owned a house with a second person so I am assuming that is not an issue. He also was making payments on a car but had a co-signer so that also should not be an issue. He had a life insurance policy with a beneficiary listed. His only other asset is cash in several different accounts (this totals about $15,000 - $20,000). He also had significant debt in the form of student loans, medical bills, and credit cards. his credit card balances were around $10,000 - $15,000. I do not know his balances on his student loans or medical bills but his debts are definately more than his assets. Is there a way to close out his "estate" without having to pay for a formal probate since he will have no assets to distribute? What happens to the balance of his debts that his assets do not cover?


Asked on 5/08/25, 11:05 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of your son. Very sad. Someone has to settle the estate, either you or the public administrator of estates in your county. You have a moral obligation to take this on, but not a legal one. You should not assume with respect to the house "he owned a house with a second person so I am assuming that is not an issue." No; that is not right. Almost certainly the house was owned "as tenants in common," so one-half the house is in your son's estate. Probably that's how it is, but not definitely. You have to step up and move on this.

Once again, please accept my condolences on the loss of your son. Terrible tragedy.

Good luck.

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Answered on 5/17/25, 6:05 pm


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