My question involves estate proceedings in the state of: Texas
My common law (never legal, just assumed) husband of 26 years died with no will. The only other living relative is his sister. She does not want any of the assets and agrees that I was his wife. I do have a form filed with local attorney four days before he died where he list me as his wife. Assets are home, 2 vehicles, 1 seadoo with trailer. When we purchased home, he purchased alone because at that time, my credit was being repaired. He died without a will. I filed small estate affidavit so that I could get the assets put in my name. Judge turned down said debts exceeded assets (I am assuming not counting the home). Debts at the time total approximately 25,000.00. This included credit card debt of around 13,000.00 and hospital bills (from when he died) of approximately 12,000.00. I notified all creditor of his death. I have not heard from any debt collectors on credit card or hospital since his death except for mobile phone company for approximately $150.00.
He died in January 2012, over 2/1/2 years ago. My question is, can the affadavit of small estate be refiled and these debts no longer listed. Is there a time limit that has expired on having to claim these debts. I know if there is probate, notices must be published for creditors. Is this required if someone dies without a will.
If not, is there a Texas Probate Statute that addresses this that I may refer to?
Also, if refiling (if possible) the affadivit of small estate the best way to go about getting assets in my name?
Thank you
My common law (never legal, just assumed) husband of 26 years died with no will. The only other living relative is his sister. She does not want any of the assets and agrees that I was his wife. I do have a form filed with local attorney four days before he died where he list me as his wife. Assets are home, 2 vehicles, 1 seadoo with trailer. When we purchased home, he purchased alone because at that time, my credit was being repaired. He died without a will. I filed small estate affidavit so that I could get the assets put in my name. Judge turned down said debts exceeded assets (I am assuming not counting the home). Debts at the time total approximately 25,000.00. This included credit card debt of around 13,000.00 and hospital bills (from when he died) of approximately 12,000.00. I notified all creditor of his death. I have not heard from any debt collectors on credit card or hospital since his death except for mobile phone company for approximately $150.00.
He died in January 2012, over 2/1/2 years ago. My question is, can the affadavit of small estate be refiled and these debts no longer listed. Is there a time limit that has expired on having to claim these debts. I know if there is probate, notices must be published for creditors. Is this required if someone dies without a will.
If not, is there a Texas Probate Statute that addresses this that I may refer to?
Also, if refiling (if possible) the affadivit of small estate the best way to go about getting assets in my name?
Thank you
Estate Assets and Debts: In Texas, How Long Can Creditors Claim on an Estate Where Deceased Had No Will
0 commentaires:
Enregistrer un commentaire