How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33935
Experience:  Began practicing law in 1992
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

There is a judgement against my parents who have both passed

Customer Question

There is a judgement against my parents who have both passed away. How do I go about filing a probate with a judgement against the house?
JA: Have any legal documents been drafted or filed?
Customer: No.
JA: Estate planning laws vary by state. What state are you in?
Customer: My mother's will was drafted and filed. Sorry. I am not sure if my dad's will was filed. I am in Texas.
JA: Anything else you want the lawyer to know before I connect you?
Customer: He passed away before she did. August 1st dad and November 3rd, mom
Submitted: 2 months ago.
Category: Legal
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 2 months ago.

There is no difference between filing for probate with the judgment existing against assets of the estate or with no judgment existing. The judgment creditor simply has to be notified or served with a copy of the probate papers and the "Notice to Creditors". I would strongly recommend you consider hiring an attorney to handle this matter for you because probates in Texas are extremely complex, you can be personally liable to creditors or the heirs if you make any mistakes, and the laws are antiquated and often make no sense.

As you may know, creditors in Texas are assigned a priority level and this judgment creditor will likely be assigned a Level 1. You wouldn't be able to sell the house or pass any assets to any heirs until a judgment creditor is paid. Although often they will accept something less than the full payment.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.