Legal Question in Wills and Trusts in Texas
Can house be taken for debts if adult child still lives in it?
My parents adopted my child when he was young for healthcare reasons. My father is deceased and we expect my mother to follow within a couple of years. As my mother has Alzheimers, I currently live with and take care of her. My son is grown and has married and moved away. In her will, my mother left everything to ''the youngest minor child'', meaning my son. My mother has over $50,0000 worth of credit card debt.
I have two questions:
First, since I live in the house and have nowhere else to live, can the house be taken away for debt repayment? If not, what can be used (aside from a very small jewelry collection, she doesn't have much of monetary value)?
Second, will the wording of the will (specifically the word ''minor'' as he is now an adult) open the door for my siblings to cause problems when executing the will?
1 Answer from Attorneys
Re: Can house be taken for debts if adult child still lives in it?
The house is your mother's and so is part of her estate. It can be taken for payment of her debts. Whether it will or not is strictly up to the creditor.
The language of the will may lead to a contest with your siblings as to what she meant.
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