If I’m leaving all of my real estate to my son in my Will, would it have to be sold to pay any existing debts?

I want the property to be given to him intact.

Asked on July 20, 2015 under Estate Planning, Texas

Answers:

Christine Socrates / The Law Office of Christine Sabio Socrates, Attorney At Law

Answered 5 years ago | Contributor

If you left your real estate to your son in your last will and testatment, then they are probate assets and can be used to pay your unsecured debts.  A better way would be to leave the real estate by transfer on death affidavit.  This keeps the property in your name and will transfer on death to your named beneficiary directly and outside of probate.  It will still be suject to any mortgate or liens you have on the property.  Let me know if you need assistance in this matter, I would be happy to consult with you and assist you. 


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