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How will an abstract judgment affect my inheritance in Texas or the home my parents will leave me?

San Antonio, TX |

IF my parents die and they pass their homestead to me will it be exempt from creditors if they leave it to me i dont currently own any real property how will a car and house that i might get affect me if i have unsecured debt judgments against me?

Attorney Answers 1


If an abstract of judgment is recorded in the real property records against someone, a lien attaches to that person's real property located in the county where the judgment is recorded unless the property is exempt. A homestead is exempt. If a homestead owner dies, the creditor protection will extend to the surviving spouse and minor children living in the home, but only as long as they live in the home. If a beneficiary of an estate has a judgment lien against him, that lien will attach to any real property he acquires or inherits that is not exempt. At that point, the creditor can take steps to enforce the lien. It never hurts to attempt to negotiate with the creditor (preferably through an attorney). Many creditors will take a lesser amount if it saves them the trouble of enforcing a lien.

You should talk to an attorney and provide him or her all of the facts to see if moving into the home will protect the home from creditors.

The information contained in this post is for informational purposes only and should not be construed as legal advice. Use of this information does not create an attorney-client relationship.

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