Do you need to call your attorney immediately after a loved one has died?  Probably not.  The first thing to do is to grieve, console family members, and plan final arrangements.  These are what matters most.

After the shock of death and dealing with final arrangements, it is appropriate to consult an attorney.  Although waiting months or longer to probate a Will is usually not a problem (do not wait years!), these are some mistakes and issues to consider:

  • Should I pay the decedent’s debts? If you pay the decedent’s debts with your own money, you are loaning money to the estate which you may not be able to easily be repaid.  You should think very carefully and consult an attorney before loaning money to the estate.
  • Won’t the mortgage company foreclose? Foreclosure is paused by death.  A creditor must proceed pursuant to the Texas Estates Code to foreclose on someone who has passed away, so non-payment of a mortgage is not an immediate concern.  If someone pays the mortgage, again, they are loaning money to the estate.
  • How about paying a car loan? If there is a car loan, auto companies are notorious for repossessing without following proper legal procedures.  If there is a car loan, the loan probably should not be paid, but the car secured in a location where it cannot be repossessed and not driven.
  • What to do about the residence? Someone’s homestead requires attention, even before probate is started.  The residence needs to be secured and kept from deteriorating, which usually requires utilities to be paid.  Existing homeowners’ insurance should be paid for as long as possible, because renewing it may be impossible or difficult.  This is an exception to the general rule not to loan money to the estate.  It is probably a good risk to make sure the residence is secured and does not depreciate in value, but the situation should be reviewed with an attorney.

These are just some of the issues to be discussed in an initial consultation with an attorney.  Once you have dealt with final arrangements, and gathered enough information to identify the issues, then it is a good time to schedule an attorney consultation.

This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.