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? Since abstract of judgment attaches to real property how will creditors have claims against the home or car i will recieve?
Properly filed judgment liens in Texas attach to any non-exempt real property you own. If you make the property in question your homestead, nothing will happen to it. The car is a different matter, as it is personal property and not real property. However, Texas also allows exemptions for certain personal property, including one car.
Nonetheless, you should probably try to settle this debt and get the matter resolved, in my opinion. Judgments can be enforced against your non-exempt property, bank accounts, etc. Proceed with caution and seek counsel.
I am an attorney licensed to practice in the state and federal courts of Texas only. Any advice provided herein is offered for educational purposes only. No attorney-client relationship is created through the use of this forum, and cannot be created through asking and answering questions here. You are strongly encouraged to hire a lawyer.
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