McGregor, TX Estate Planning Law Firms & Lawyers

My sympathy for your loss. You may have a moral obligation but no legal obligation to pay unsecured debts of your late father. If your mother or any other family member never agreed to the debt, they have no obligation to pay the debt. This all assumes that there is no estate opened to transfer assets. If an estate is opened, the estate must give notice of death and a time period for all debtors to make a claim against the estate.

Whether he can do this or not depends on what the power of attorney says. Most POAs say the attorney in fact cannot benefit himself/herself. You need to have an attorney review the power of attorney so your husband doesn't get himself in legal trouble.

First of all, I'm sorry to hear of your loss. The man who adopted you at two years old is legally your father. As such, you are entitled to inherit from him. You don't say if your father left behind a will or not, but if he did, that would dictate what you're specifically entitled to from his estate. If he did not leave a will, you are still entitled to inherit from your father, although the intestate succession laws would determine what percentage of his estate you are entitled to. I strongly recommend you have a consultation with an attorney in the area where he lived to discuss your options further. Good luck.