Glenn Heights, 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.

The will is still valid if it was signed by two witnesses. However, without a notary, you will need to provide an affidavit from one of the witnesses or take other steps to authenticate the signature.

In almost every state, it is the law that a person with possession of a Will must file it with the local county court (where the decedent lived at the time of death) within 30 days of death. Check with the local court and if there is no will.