Walker County, 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.

As an executor, you are entitled to compensation by the probate code. Usually, it's five percent of non-liquid assets. Your attorney should be able to handle that for you.

It is best to use a qualified professional. Check with a legal aid center in your area to see if you qualify for pro bono help. If not it will cost you a few hundred dollars to get a will drafted by an attorney.