What Happens to Debts During Probate?

If no plan is in place when a senior's health fails or the money runs short, the scary reality is that the hospitals, banks, and courts may take over decisions at that point. An elder attorney can explain all the options to you now, so you can leverage elder law to your advantage and be prepared. Elder Law and Your Rights and Independence Family members often assume that a verbal understanding is enough to let them speak with doctors or manage accounts. Hospitals, banks, and courts do not accept that, however, and the staff in those offices will be looking for a signed paper that names an agent. If that paper is missing, they'll follow Texas default rules, and those can end up sending matters to a judge to make the final decision: meaning an elderly relative's personal wishes could be ignored completely. Medical Power of Attorney Protecting independence and autonomy starts with getting power of medical attorney documents in order and signed before it's too late. A medical power of attorney names the person who may speak to doctors and make decisions for a person after the attending physician certifies in writing that the patient cannot make their own health decisions. Directive Along with a power of attorney, it's wise to have an authorized Directive to Physicians, which tells the medical team what treatment you want or do not want. Your agent will follow these instructions and step in if only when situations arise that your directive doesn't cover. Financial Power of Attorney There should also be a durable financial power of attorney in place, drafted under the Texas Estates Code, to give an agent authority to act if an elderly relative becomes incapacitated. The agent can pay housing costs, deal with banks, and handle government paperwork. The grant of power can be broad or limited to certain tasks. The Consequences of Waiting Too Long The Possibility of Guardianship Texas treats guardianship as a last resort, and the court is required to look for alternatives and available supports before appointing a guardian. But if there are no powers of attorney, no directive, no representative payee, and if the elderly person doesn't share ownership of a house or of bank accounts with someone else who can simply continue paying bills and making decisions, something must be done. If you wait until your relative is actually incapacitated to act, it will no longer be possible to form the protective documents described above, and you may have no option but a public, costly guardianship that strips away rights. Theft Relatives, caregivers, and strangers gain access to the bank information of elderly and vulnerable people all the time. Having a durable power of attorney is only going to help if you can trust the agent, but assuming you can, you then have someone watching and guarding the accounts from fraud and theft. Talk to an Elder Attorney Today Whether you're planning for yourself or for an aging loved one, we can help. Visit Townsend Allala Coulter & Kludt today to request a consultation, and let us help you gain peace of mind. We serve clients throughout El Paso County, Midland, Odessa, and West Texas, as well as Santa Teresa and Las Cruces, New Mexico

When a loved one dies, there's a court process that transfers their assets to their beneficiaries and settles their debts. A probate attorney here in the El Paso metro area can guide you through each step and preserve the assets to the fullest possible extent. The Probate Process in the El Paso Metro Area Filing Everything begins when you locate the original will, if one exists, and get certified copies of the death certificate. The will must be filed with the probate court in the county where the deceased lived, and you as a family member (or the person named as executor) must file an application that asks the court to admit the will and appoint a personal representative. If no will exists, the court determines heirs under state law and appoints an administrator. Public Notice After the application is filed, the court clerk posts a public notice for at least ten days. This is to allow any interested person to object to the will or the proposed executor/administrator of the estate. Initial Hearing Once the public notice period is over, a hearing is scheduled, and a judge reviews the will and appoints the executor or administrator of the estate. The court then issues letters testamentary or letters of administration to give that person legal authority to act for the estate. Inventory and Valuation The administrator must then gather and protect every asset that belongs to the estate. Within ninety days, they have to file an inventory that lists those assets and their fair-market values as of the date of death. Some estates qualify for an affidavit in lieu of a full inventory. The administrator will also identify what's community property and what's separate property if the deceased was married. Creditors and Taxes All known creditors have to be notified by mail, and there must also be a notice published in a local newspaper. Creditors then have four months to present claims. The administrator reviews each claim, accepts the valid ones, and pays them from estate funds. During this time, the administrator will also file the deceased person's final income tax return and any required federal estate tax returns (Texas has no state estate tax). Funeral expenses, administration costs, and taxes get priority over all other debts. The administrator may need to sell property to pay debts or to prepare for distribution. Disbursment Once debts and taxes are settled, the remaining assets are distributed according to the will or according to the intestacy statutes if there was no will. The beneficiaries are to get a formal notice of the will's admission within sixty days. Closing the Estate After distribution, the administrator prepares a final accounting and then asks the court to close the estate. Get Help From an Experienced Probate Attorney You can keep many of your assets out of probate with the right choices made now. Whether you're planning for your family's future or dealing with probate now, contact Townsend Allala Coulter & Kludt in El Paso. We're the recognized leaders in elder law and estate planning in the El Paso metro area and Southern New Mexico.

To prepare your family for the future, it's important to think through your assets, debts, and what you want for your loved ones. Then, an El Paso, TX estate planning lawyer can help you create an estate plan that keeps control in your hands and makes things easy for your loved ones when you pass away. How an Estate Planning Lawyer in El Paso, TX Helps Families Build Good Plans By Understanding Your True Situation You'd be surprised how many people don't really know their true, full financial situation. Your lawyer will sit down with you to discover every single asset you have: home, bank accounts, retirement savings, vehicles, life insurance, and any personal items that carry meaning for your family. Then you'll get a realistic understanding of your debts, too: mortgages, loans, credit cards, student debts, etc. This inventory is the only way to make good decisions, and without it, even well-intentioned plans can fall apart in the moment of truth. By Helping You Create Your Foundational Document Your last will and testament is always the core document. It names an executor to carry out your instructions, states who receives your property, and, if you have minor children, names a guardian for them. Only 24% of Americans currently have a will, according to a 2025 national survey, which means over three-quarters of households are relying on state intestacy rules, which may not match your situation or your goals. By Setting Up Trusts Trusts are a great layer of protection for some families. A revocable living trust can keep assets out of probate, maintain privacy, and set rules for how and when your heirs will receive your property. Special needs trusts are very useful when you have a family member who relies on public benefits. The trust can provide them with some extra support without cutting off their eligibility for those benefits. By Protecting Your Assets Against Long-Term Care Needs Nursing home costs in Texas average roughly $65,700 for a semi-private room per year and $85,000 for a private room. Those numbers are from the 2024 Genworth/CareScout survey, and while there's been no definitive survey for 2025, recent data shows these costs are only continuing to increase. Medicaid can cover those costs once you qualify, but the program includes a five-year look-back period. They'll look back five years to see what assets you transferred during that time, and if they think you were trying to offload property just to make yourself Medicaid eligible, you'll have an extended period of ineligibility. It takes careful planning to protect your home and other assets while still meeting the eligibility rules. By Setting Up Protection for Your Minor Children Guardianship planning for minors or for adults who may later need court-appointed decision-makers is also important. Naming your preferred guardian in advance keeps the court from making that choice without your input. Talk to Us Today About Your Plan When you're ready to put these steps into practice, schedule a consultation with Townsend Allala Coulter & Kludt in El Paso. We can help you turn good intentions into documents that actually work when they are needed. We also serve families in Truth or Consequence, NM.