Posted on: 21st Jan, 2009 02:43 pm
Hello,
If I inherit a home in my name only, can an old judgment of my husbands attatch it ?...My German Mother-In-Law, has willed her Texas home to me. She is near death. We do not want the home to be in my husband’s name because he has a large civil judgment against him from a past business failure. With Texas being a community property state, is there a risk that the judgment could be placed on the property anyway?
....that's assuming her hand written, non-witnessed, and non-notorized will is accepted by the probate court...?
Thanks
If I inherit a home in my name only, can an old judgment of my husbands attatch it ?...My German Mother-In-Law, has willed her Texas home to me. She is near death. We do not want the home to be in my husband’s name because he has a large civil judgment against him from a past business failure. With Texas being a community property state, is there a risk that the judgment could be placed on the property anyway?
....that's assuming her hand written, non-witnessed, and non-notorized will is accepted by the probate court...?
Thanks
Hi kelleyjets,
As far as I know, property acquired by gift or inheritance is not considered as a part of the community property. So if your mother-in-law has willed her property to you, then it will be considered as your property.
Though the will is non-witnessed and non-notarized, it is handwritten. So I think it will be accepted in the court. However, it will be better if you can consult an attorney and take his suggestions about the will.
Thanks
As far as I know, property acquired by gift or inheritance is not considered as a part of the community property. So if your mother-in-law has willed her property to you, then it will be considered as your property.
Though the will is non-witnessed and non-notarized, it is handwritten. So I think it will be accepted in the court. However, it will be better if you can consult an attorney and take his suggestions about the will.
Thanks
Thank you very much for your reply.