Rowena, TX Estate Planning Law Firms & Lawyers

Generally the heirs don't decide if the house is sold unless somehow it is titled in all their names. If is a specific gift and the will requires it be transferred to all six, and one does not want to sell, that person can buy out the other 5. There of course is always a partition Acton. If the will does not specifically designate the house going to all six , the proper course of action is the personal representative of the estate has the property sold .

I'm not entirely sure I understand your question, but I gather that you and your spouse are separated and living in Texas. In the event that you purchase a home in your sole name, that property will be considered community property because you bought it while being married. If you'd like to buy a house on your own and have it be considered your sole and separate property, you need to get a divorce from your spouse and then buy the home.

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.