Dayton, TX Estate Planning Law Firms & Lawyers

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.

It depends on whether or not the house was separate property. He was entitled to bequeath his property to whomever he wanted. His will can only transfer his property. So, if the house was community property, he could not bequeath your half to anyone.

I would give them the Death Certificate as well. The bank is probably just following their internal procedures. While your lawyer is not wrong, it is going to be easier to just give the bank what it wants that to try to fight them on this. If it was something more expensive or complicated, I might challenge them. In this case, I would just give it to them. Perhaps they can make a copy of the original and give it back to you.