Bill collector calling

[nextwife]

She had not a lot of debt and just a couple of credit cards.

Has anything been done about any of these other creditors? its probably just a matter of time before you hear from the other creditors, beside Capital One.

By not opening up probate, eventually all of the creditors will have to be dealt with. All will be able to look online, and determine that Mom had an asset - a house - that can be used to satisfy the debt.

Someone needs to open up probate - which can be done with a small estate affidavit in Texas. The creditors need to be paid. If there was no money in any bank account or any other stock, savings account, etc., the house has to be sold and the proceeds used to pay the creditors.

You will not be able to transfer the car or the house until probate is opened.

Or brother can pay the creditors himself and keep the house. Seems like a fair trade for a house.

 

[Texas Pooh]

True - brother can certainly pay the debts as a fair exchange. But probate (or filing of the will as a muniment to title) is still required to transfer title to the house, regardless of how the debts get paid.

 

[nextwife]

True - brother can certainly pay the debts as a fair exchange. But probate (or filing of the will as a muniment to title) is still required to transfer title to the house, regardless of how the debts get paid.

I disagree. Estate assets do NOT get distributed UNTIL estate creditors are paid.

 

[anteater]

I disagree. Estate assets do NOT get distributed UNTIL estate creditors are paid.

I don't think that you and Tex acutally disagree. Someone's got to satisfy the deceased's creditors before the house gets transferred.