Texas estate question?
My step father recently passed away. His estate included a home with 40k remaining on the mortgage, and a car with 16k remaining on the note. The home is valued at greater than 100k so it can be refinanced. The car is valued at 12k which means my mother is left upside down in the car note.
My mothers name does not appear anywhere on the car, not on the title or the loan. Her name is not on the mortgage but it is on the deed.
She wants out from under the car, but wants to refinance the balance on the home.
Everything he had was given to her in his will.
That said, now here are my questions.
If she allows the vehicle to go back by voluntary repossession, it will obviously be sold and they will send a bill to the estate for the balance, I know that and I know there will be a difference of about 4k(ish). Assuming that the finance company files a suit against the estate to recoup the balance, will they be able to attach a lien against the house?
If the house was willed to her, does the value of the house continue to be part of the 'estate'? Or since it was willed to her directly in the will, is it separate?