How can I probate a Will without losing my residence?

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How can I probate a Will without losing my residence?

My mother passed away in 06/09 and she had credit card debt. I have lived in the house for 18 years and it is my only residence. I am an only child and was named executor in her Will. I now have 2 house insurance checks made out to my mother’s estate and need to have the roof repaired. Since this is my only residence, I need to be able to keep the house and get the roof repaired. I don’t know how to handle this.

Asked on March 4, 2011 under Estate Planning, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Did the house pass to you through the will or were you a joint tenant with your mother? If you are trying to keep the home while probating your mom's estate and are worried the credit card company will seek a lien on the home, you should consider speaking with probate counsel immediately to help you figure out what your status is right now with respect to the home, if you can take the home subject to any other debts owing and if you can do it so that the credit card companies don't attach to the house prior to the home being transferred to your name. You need to immediately place the house insurance checks in a bank account if you now have authority as executor and you need to determine how quickly you can get the estate probated.


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