How can I probate a Will without losing my residence?

UPDATED: Mar 4, 2011

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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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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