Centerville, TX Estate Planning Law Firms & Lawyers

The community property of your mother and father can be reached for the debt that your father incurred. When someone passes away, moreover, their estate is liable for their debts, and any property transferred without those debts being paid can still be reached by creditors to pay the debt, unless those debts are extinguished in a probate proceeding. It seems clear that any creditor of your father will be able to make a claim against the death benefits once they are received, and will be able to "follow" those benefits to whomever receives them. In any event, a person's estate does not pass automatically free and clear of any debts that person may have incurred.

Yes. There is no law requiring that the executor or administrator of the estate be a California resident. The Court will look at the directive in your father's will in order to determine who should be the executor; and will look at the controlling California statute as to who should be the estate's administrator if there is no will. You should contact a probate lawyer in California to assist you in this matter, and provide you with guidance as to whether it is appropriate for you to be named in charge of your father's estate. The fact that you do not live in California, however, is not an automatic barrier here.

No. Texas law does not recognize a separation. The spouse would be entitled to 50% of the community estate. There may be an issue as to what is considered community property, and what is separate property, however.