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

Asked almost 2 years ago - Houston, 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? Since abstract of judgment attaches to real property how will creditors have claims against the home or car i will recieve?

Attorney answers (1)

  1. Matthew T. Bracy

    Contributor Level 7


    Lawyer agrees


    Answered . 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... more

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