Anahuac, TX Estate Planning Law Firms & Lawyers

If your parents reside in a community property state, or in a marital property state, then your mother would likely be held responsible for any debts your father incurred during marriage. Note that there are rare exceptions to this rule, and your mother may wish to consult with an attorney regarding her options. On the other hand, your father's children would likely not be held responsible for his debts, unless they entered into some type of personal guarantee.

You should speak with an attorney in the state of residence of the Decedent. Also if he owned real property in another state an attorney there should be consulted. Without more details the response to your question would have many alternatives and outcomes. Best of luck to you.

I assume that title to the property is in the name of the heirs, and not still in the name of the decedent. If this is true, then the only way to force the sale of the property is through a lawsuit called a "partition." If the property is still in the name of the decedent, then a probate must be opened to sell the property.