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Michael Gonzalez
Michael Gonzalez,
Category: Legal
Satisfied Customers: 60
Experience:  Managing Member at EWF Title, LLC
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An 84 yr old woman willed one of her Sons to inherit her

Customer Question

an 84 yr old woman willed one of her Sons to inherit her home after she passes on. at present time she has a provider to assist her 4 days a week.
question - will the state take her home after she passes on because the government is providing help at present time ?
Submitted: 7 months ago.
Category: Legal
Expert:  Michael Gonzalez replied 7 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

From the information I am viewing I cannot tell what state you are referring to. Also, please advise if the home is the homestead or primary residence of the 84yr old woman. Also, what type of assistance is being provided and by what branch of the government (federal or state)?

Customer: replied 7 months ago.
This is in the state of Texas, primary residence and help provided by the state.
Expert:  Michael Gonzalez replied 7 months ago.

Thank you for the additional information.

Texas has many protections for the debtor. The Texas Constitution (section 28) and Property Code section 42.001(b)(1) provide that the homestead of a family or single adult is protected from forced sale for purposes of paying debts and judgments except in cases of purchase money, taxes (both ad valorem and federal tax liens against both spouses), owelty of partition (divorce), home improvement loans, home equity loans, reverse mortgages, liens predating the establishment of homestead, refinance loans, or the conversion or refinance of a lien on a mobile home that is attached to the homestead. Other liens are void.

By the way, as to the home itself, there is no dollar limitation on its exempt value in Texas. In re. McCombs, 659 F.3d at 507.

Accordingly, the (potential) debt you describe would not be an exception and, thus, yuour grandmother's home should be protected under Texas law.

In any event, I would recommend consulting a local real estate or asset protection attorney to protect your interests and rights. Good luck to you!

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