Skip to main content

What happens to my dads personal belongings when he passes away in Texas?

San Angelo, TX |

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 he would leave is some old beat up furniture, 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?

+ Read More

Attorney answers 2


You will not be responsible for your late father’s debts. Be strong and don’t give in to the collectors. The house can be shielded from the creditors because one of his sons was living with him at the time of his death. This will require probate.

This comment is given for educational purposes only. No attorney-client relationship exists between us.


You need to talk to an attorney when your father passes however an heir does not have to be responsible for the debts of the deceased. When I say does not have to be I mean under certain circumstances which will require the advice of an attorney because some actions post death CAN subject an heir to the creditor claims.

Confidentiality Notice: This e-mail transmission may contain confidential and privileged information. Unless you are the addressee (or authorized to receive messages for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received this message by mistake, please advise the sender by reply e-mail and delete this message. Nothing in this message should be interpreted as a digital or electronic signature that can be used to authenticate a contract or other legal document. Thank you. Circular 230 Disclosure: Pursuant to recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.