Dayton, TX Estate Planning Law Firms & Lawyers

Yes, you have standing to do several things. First, consider discussing your concerns with your parents, as they are generally presumed to be able to make their own decisions, including the decision to revoke any authority that they gave to each other, or to your siblings. Second, you might discuss these issues with an attorney that practices in guardianship and/or conservatorship, which could bring your concerns to the attention of a Court that is able to stem any wrongdoing and correct any past malfeasance. Third, you might consider contacting Adult Protective Services, or a similar local agency that encounters issues of elder abuse and financial exploitation on a daily basis.

I think it's useful to discuss the different between what happens when someone does have a will, and when someone doesn't. In Texas, a person who dies without a will is known as "intestate." In that case, with your father's set of facts, the rule is that if he died intestate and had no other children outside of his marriage to your mother, your mother would indeed take everything upon his death. Because your father had a will, this default rule does not apply. The details and contents of your father's will determine what you are indeed entitled to. If your mother has begun the probate process, she will be required to submit an original version of his will to the court where it will then be made public. You can then see what his will said by looking up the case information online (available in many of the larger counties in Texas) or by contacting the county clerk's office. It appears as though your father made provisions for you in his will, but it's a good idea to consult a local attorney experienced in probate matters to discuss the specifics of your case. That way you'll have all of the information you need to decide how to move forward. Good luck.

Generally no, the family is not responsible, but assets remaining in father's estate might be, depending on value. The question discusses death benefit as if that is the only asset. If that is the case, the death benefit is not an asset of his estate and may not be assessable for payment of the father's debts. Also, if mother/wife or children signed any documents agreeing to be responsible for father's debts, then it would be those agreements, not the law, that would make them responsible.