Markham, TX Estate Planning Law Firms & Lawyers

Because your uncle has a daughter, she is legally entitled to take his property when he passes away under Texas law (assuming he is unmarried with no other children). Your uncle will need to execute a simple will that states you are to inherit from him rather than his daughter. This can be done for a small fee with a reputable estate planning attorney.

Your mother's estate is responsible for paying her debts. If there are insufficient assets in her estate to pay all of her debts, unless the debt is joint such as a co-signed loan, you have no personal obligation to pay for your mother's debts. Some creditors and collection agencies will imply that you as a relative have a legal obligation to pay; however, this is a collection tactic and is simply untrue. Where the estate is insolvent, Wisconsin Statutes section 859.25 specifies the priority in which debts and expenses are to be applied: 1. Costs and expenses of administering the estate. 2. Reasonable funeral and burial expenses. 3. Provisions for the family under certain limited circumstances. 4. Reasonable and necessary expenses of the last sickness, including compensation of persons attending your mother. 5. All debts and taxes owed to the government. 6. Wages due to employees earned within 3 months before the date of death. 7. Property assigned to a surviving spouse. 8. All other claims. You should explain to your mother's creditors that there are no assets in her estate available to pay and supply any documentation requested by the State of Wisconsin with regard to her nursing home care expenses.

Her children are not directly responsible for your mother's debts. To the extent that you received assets as a result of her passing, creditors might be able to force you to pay. Even though you have no direct liability, in some cases the creditors will try to convince you to pay; don't without consulting first with a probate lawyer.