Grand Prairie, TX asked in Probate for Texas

Q: Hi! My husband died Sept. 1, 2016 with credit card debt. His will was never probate. I was told I was not responsible

For this debt. Now a piece of property owned by his family for 100 years is being sold and the small proceeds divided among cousins. Do I have to worry about the credit card companies going after the sale money? I'm in Texas.

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2 Lawyer Answers
Isaac Shutt
Isaac Shutt
Answered
  • Probate Lawyer
  • Richardson, TX
  • Licensed in Texas

A: The statute of limitations on most debt is four years max. So, you should be good-to-go. Plus, you may not even be filing anything in court, which means there may be no public record. In other words, it could be tough for a creditor to even know about these funds.

John Michael Frick agrees with this answer

John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: In addition to what Isaac Shutt said, if the property being sold was a homestead, proceeds from its sale should be exempt from unsecured creditors like credit card companies.

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