Spring, TX asked in Probate for Texas

Q: husband died w/o will & mortgage in his name bought b4 we wed. Does estate pay off mortgage b4 it pays $ to his daughtet

I’m the ind adm of estate. I’m disabled. She would be responsible for the principal on home & me the interest taxes and insurance and then when I die she gets home. We had to sell his other home to pay some other debts So do all the debts get paid including the IRS and mortgage before any money is distributed to his daughter and myself?

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1 Lawyer Answer
Alisha Melvin
Alisha Melvin
  • Probate Lawyer
  • Dallas, TX
  • Licensed in Texas

A: You mention quite a few things here. All debts are to be paid or settled before distributing assests to heirs. However, that does not mean paying off the house. As the administrator you really should be working with an attorney. Any attorney, not just the attorney who filed the case for you, as most filings required by Texas law are required to be filed by the attorney on your behalf as administrator. That attorney can then assist you in the distribution of assets properly.

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