Hello, my father is dying and is incompetent to write a will even though he will leave his home to my younger brother who lives with him he did do the paper work, to do so and will bypass probate. I am alright with that, here are some other facts my dad was not married he also did the paper work to leave his only car to my brother, he had no savings or bank account or any valubles. So that only leave so old beat up furniture he has I am asking this because he is leaving alot of unsecured debt judgments, will we have to probate his estate which is only these old beat up furniture or how would we do that?
I don't understand what you mean by "he did do the paperwork, to do so and will bypass probate." Do you mean your father executed a deed so that the home will pass automatically to your brother? If this is the case the simple and relatively careless answer is that it makes no sense to do a probate for the beat up furniture.
BUT, VERY IMPORTANTLY, you or your brother should consult with a Texas lawyer to learn if the creditors can go after the home, and if so, is there a chance of defeating these creditors in a probate proceeding. I have a link to my Nevada probate website on creditors' claims and Texas probably has a similar procedure which is why you need to talk to a Texas lawyer.