About a will

Asked almost 3 years ago - Weatherford, TX

?is in Texas I have 2 older kids hehas 2 older kids the house we live in was owned by my dad signed over to me with a clause at the end of the deed that only blood heirs can get the house in the event of my death done legally by a attorney similar to the ladybird deed my question is if we both die together ever my husband put 2nd beneficiary is his mom on life ins and his retirement he has no estate accept 2 cars is my children responsible forhis debt (credit cards eft ??

Attorney answers (2)

  1. James Brian Thomas

    Contributor Level 14

    2

    Lawyers agree

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    Answered . It's a little tough to track your facts, but the home that you live in sounds like your separate property. When your husband dies, his estate will consist of all of his separate property and his 1/2 of the community property. This is the estate that he can pass to any individual(s) in his Will. In the absence of a Will, his estate will pass in accordance with the default rules of descent and distribution. In that case, his children would be entitled to a significant share of his estate. Unless he has adopted your children, formally or equitably, nothing would pass to your children unless his Will specifically provided for them.

    Debts don't really pass along to beneficiaries and heirs like property does. Property will sometimes pass to them subject to indebtedness, but in most cases, the debts of a decedent are paid during the course of administration of the estate. It is the remainder that passes to the beneficiaries and heirs. When you think of it this way, it's a little easier to understand that beneficiaries and heirs are not responsible for the decedent's debts, unless they agreed to be so responsible during the decedent's lifetime (co-signed a note, joint credit cards, etc.)

    This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make... more
  2. Frank A Selden

    Contributor Level 16

    Answered . um... what? Punctuation really helps people understand what you want to say.

    If I interpret your writing correctly, you want to know whether your children taking from your estate are responsible for his estate if his estate is not solvent (has more debts than assets).

    Just because the deed has a blood relative clause doesn't make the house property that will only go into your estate and not accessible to his creditors. It sounds to me like the house is your separate property but that can depend on whether he put any money or sweat equity into it, whether you retitled it jointly, etc. Clever creditors can make all sorts of arguments to include property to settle their debts in a probate proceeding.

    I highly recommend you contact an estate planning attorney in your area.

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