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There is a judgement against my parents who have both passed…

Customer Question
There is a judgement...

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?

Lawyer's Assistant: Have any legal documents been drafted or filed?

No.

Lawyer's Assistant: Estate planning laws vary by state. What state are you in?

My mother's will was drafted and filed. Sorry. I am not sure if my dad's will was filed. I am in Texas.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He passed away before she did. August 1st dad and November 3rd, mom

Submitted: 11 months ago.Category: Legal
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7/31/2017
Lawyer: Dwayne B., Attorney replied 11 months ago
Dwayne B.
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 11 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.

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