My mother is elderly and very ill , she several sued for some debt what will happen to her homestead if she where to pass away, can she still make a will? She has a car and her homestead can those be taken away to pay these judgments ? She cant declare bankrupty she co signed some private student loans for some nephews and she cant pay them
It is always a good idea to prepare a will/estate.
Unsecured creditors who sue and obtain a judgment can only go after non-exempt property to pay the bill. During a person's life, the homestead, one personal vehicle, household items up to a certain value, and certain other items are protected from unsecured creditors in Texas.
When a person dies, the exempt status is usually extended to a surviving spouse, minor children and disabled children who live with the decedent. Anything that is not exempt or no longer exempt may be used to pay creditors of the estate.
It is very important to have a probate attorney handle the estate. There are ways to reduce the debt of a deceased person. Plus, the law requires specific notices to be sent and published to creditors when someone dies.
Attorneys can also negotiate with creditors to reduce the amount owed and set up a payment plan (if your mother was interested or could afford to do so).
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.
I agree with the previous answer with one modification:
If your mother is not married and is survived by a minor child or an unmarried adult child who lives with her, then her homestead passes to all of her heirs free of claims against her estate (other than a mortgage secured by the house).
I agree that you will need an attorney.
My answer relies on the facts as provided, and it is generally not possible to address all contingencies in a brief answer. As a result, my answer is necessarily preliminary and should not be relied on without consulting an attorney who can fully evaluate your circumstances.
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