Fort Worth, TX asked in Estate Planning and Probate for Texas

Q: Texas - Can two nephews (only heirs) be forced to pay the credit card debt and/or automobile payments of deceased?

It is a holographic will - only assets are auto, clothing, furniture, and books. Doubtful probate will be needed. One nephew is the executor.

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2 Lawyer Answers
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: The estate is responsible for the bills of the deceased, not the heirs.

Dillon B Norton
Dillon B Norton
Answered
  • Estate Planning Lawyer
  • Houston, TX
  • Licensed in Texas

A: Hell no they can't be forced to pay! However, if the nephews were cosignors on any of the debt, then they are on the hook. No matter how closely related you are to someone, you are not liable for the debt unless it's jointly held. Beware, though, creditors can apply for probate administration. You can likely defeat the debt if estate is insolvent, but you have to probate the will.

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