Carrollton, TX asked in Estate Planning for Texas

Q: My wife's mother owns the house we live and has said she would leave it to us upon her death.

My wife's mother refuses to get a will saying her credit card debt will prevent us from getting the house. This is our primary residence, can they take the house and put us on the street to pay her credit card debt? The debt is about 12k right now.

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1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: If she records a Transfer on Death or Lady Bird Deed, title will pass on death free of probate and free of Medicaid Estate Recovery and, very likely, free of everything but property tax liens.

Nina Whitehurst agrees with this answer

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