Sweeny, TX Estate Planning Law Firms & Lawyers

You can't get a power of attorney for a deceased person. Any powers of attorney executed beforehand would expire upon the death of the power grantor. If you want to control the deceased mother's estate, you would need to go through the probate process. The particular procedure is fact specific.

Generally, if a trust is created while the trustor has capacity and is not under undue influence the trustor can make whatever plan of distribution he or she sees fit.

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.