What is the name of your state? Texas My first husband and I bought a house in 1994, he then passed away in November 1995, under Texas Homestead Law I have a right to life estate and under Texas Probate Law his 1/2 passed to his heirs. I no longer live in the house so I have the option to partition the property, which I am doing, however what I don't understand is did his 1/2 of the mortgage also pass to his heirs, because according to what I've been reading in Texas Probate Law debts that came with the estate pass also. I have an attorney, but he says that they are not responsible for the mortgage. Heirs are being nonresponsive to any thing that is sent to them so I am trying to find out what my rights are. Actually my attorney says they have absolutely no responsibility to said property. I can understand this if in fact he had lived in the house for say 15 or 20 years and their was equity in it while he was still alive, but there wasn't.