Brandy Cart
New Member
- Jurisdiction
- Texas
My mom and dad were common law married since 1995 in Texas. They separated in October of 2015 and eventually decided to get a divorce. My father passed away in December, 2 days before his meeting with the lawyer to sign the final divorce paperwork. He has some assets such as land and a few motorcycles/dirt bikes, etc. He didn't have much due to my mother screwing him over a few years prior, hence the reason they separated. He was in the process of paying off the IRS for back taxes he owed for nonpayment during a few years of work as a oil rig consultant. He ended up losing his home, and sold anything of value like vehicles, his boat and his airplane to pay down some debt. He did invest in burial insurance which wasn't much but it covered his cremation. Whatever was left over went to my brother as he was the beneficiary. Sadly, he took my dads ashes, a check for whatever amount of money insurance paid out once the funeral home was paid and refused to have a proper memorial. He was also listed on my dads bank account so apparently he cleared out whatever nest egg my dad had saved up for his future and I haven't spoke to him since. I ended up inheritaning a huge therapy bill, loss of work which eventually led to loss of employment and my dads two Beloved dogs. Side note, I am thrilled to have those dang dogs!! Anyways, my mother has been in and out of rehabilitation centers and hospitals since before my dads death. She is elderly and has fallen a few times breaking her back, hip and femur bone. She lives off a very small social security check which she has to pay her Medicare supplements out of. She has no money, no assets, nothing. My question is, does the debt owed to IRS now go to her? Is she responsible for paying it? If she is elderly and disabled will the state levy her social security payments? I have done some research and have came across some info stating that in Texas, some cases where a divorce is almost final, the judge can and will split the inheritance between their biological children and the spouse won't get anything….including debt. Is this true?
I've read some contradicting articles that have just confused me more than I was to begin with. One will say that even although Texas is community property state, it is not a community debt state which means that as long as the surviving spouse isn't a co-signer on a debt they are not personally liable for it. Then a diff article will say that because Texas is a community property state, everything acquired during the marriage including property and even debt is considered both spouses responsibility. Because my father claimed my mom on his tax returns makes her liable for his IRS debt that she will in turn have to pay off. I came across one very hopeful reading stating that just because the Judge assigned to the divorce has not yet signed the final decree does not mean that the surviving spouse is still entitled to any benefits, inheritance or liable for any debt if they've gone through all the motions to get divorced. Any advice at all is so very greatly appreciated!! My mom doesn't want any of my dads assets, property and certainly not his debt. Thanks for reading!!
I've read some contradicting articles that have just confused me more than I was to begin with. One will say that even although Texas is community property state, it is not a community debt state which means that as long as the surviving spouse isn't a co-signer on a debt they are not personally liable for it. Then a diff article will say that because Texas is a community property state, everything acquired during the marriage including property and even debt is considered both spouses responsibility. Because my father claimed my mom on his tax returns makes her liable for his IRS debt that she will in turn have to pay off. I came across one very hopeful reading stating that just because the Judge assigned to the divorce has not yet signed the final decree does not mean that the surviving spouse is still entitled to any benefits, inheritance or liable for any debt if they've gone through all the motions to get divorced. Any advice at all is so very greatly appreciated!! My mom doesn't want any of my dads assets, property and certainly not his debt. Thanks for reading!!