Dayton, TX Estate Planning Law Firms & Lawyers

In Texas people can leave their things to whomever they wish.  You might consider contesting the Will if you have evidence tending to prove fraud, lack of legal capacity or undue influence.  Your description indicates none of these.  The last two can be very difficult to prove.  A Will contest can cost as much or more than you might inherit with no guaranty that you will win.

With free will, you generally get what you pay for, often times errors in disposition of your estate. You can get will forms from stationary store, but my experience as a probate attorney, is the form is incorrectly prepared, or the document fails for the lack of legality of the prepared form provisions. Suggest you obtain the services of a probate attorney for the preparation of a will and be prepared to pay for the service; I don't think you would operate on yourself if you need a surgeon.

Generally no, the family is not responsible, but assets remaining in father's estate might be, depending on value. The question discusses death benefit as if that is the only asset. If that is the case, the death benefit is not an asset of his estate and may not be assessable for payment of the father's debts. Also, if mother/wife or children signed any documents agreeing to be responsible for father's debts, then it would be those agreements, not the law, that would make them responsible.