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AV Preeminent Peer Rated Attorneys
Addison Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Addison Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 16801 Addison Rd., Ste. 124, Addison, TX 75001-5696

  • 5080 Spectrum Dr., Ste. 1000, Addison, TX 75001

  • 14628 Windsor Court, Addison, TX 75001

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  • 16475 Dallas Pkwy., Ste. 740, Addison, TX 75001-6908

  • 14677 Midway Rd., Addison, TX 75001-3169

  • 14275 Midway Rd., Ste. 220, Addison, TX 75001-3652

  • 14275 Midway Rd., Addison, TX 75001

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can I get control over my father's estate if I live in a different estate than he does?

Answered by attorney Dara J. Goldsmith
Estate Planning lawyer at Goldsmith & Guymon, P.C.
It depends upon a number of factors, including but not limited to the following: Whether he left a Will naming you as his personal representative. If he left a Will naming you, the answer is probably yes, assuming you meet all state law requirement. If he names another person, then the answer is probably not. If he did not leave a Will, it again depends upon state law. In Nevada, a personal representative who is not named in a Will cannot serve without an in state co-personal representative. Some states do not have a residency requirement.
It depends upon a number of factors, including but not limited to the following: Whether he left a Will naming you as his personal representative. If he left a Will naming you, the answer is probably yes, assuming you meet all state law requirement. If he names another person, then the answer is probably not. If he did not leave a Will, it again depends upon state law. In Nevada, a personal representative who is not named in a Will cannot serve without an in state co-personal representative. Some states do not have a residency requirement.
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Can I get control over my father's estate if I live in a different estate than he does?

Arieh Mordechai Flemenbaum
Answered by attorney Arieh Mordechai Flemenbaum (Unclaimed Profile)
Estate Planning lawyer at Griffith & Jacobson, LLC
Generally speaking, you can get control over an estate, even if you live in a different state. For a probate estate, most states allow an executor/trustee to be a non-resident, but they may require a supplemental, local executor/trustee to be appointed to assist you in handling certain real estate and financial transactions. However, it appears from your question that your father is still living, so I assume this would a guardianship estate. Guardianship estates can be split into two - one for control over the person (i.e., making decisions about their health, living environment and general care), and the other is for control over their financial estate. Most states, Illinois included, require that the guardian for the financial estate be located in the same state as the ward. You may need to find someone locally to act as this guardian. There are professional organizations that provide these services, such as a trust company (i.e., Northern Trust). This answer is for informational purposes only and is not intended to be legal advice nor does it establish an attorney-client relationship. Please consult a local probate lawyer for legal advice that is tailored to your facts and circumstances.
Generally speaking, you can get control over an estate, even if you live in a different state. For a probate estate, most states allow an executor/trustee to be a non-resident, but they may require a supplemental, local executor/trustee to be appointed to assist you in handling certain real estate and financial transactions. However, it appears from your question that your father is still living, so I assume this would a guardianship estate. Guardianship estates can be split into two - one for control over the person (i.e., making decisions about their health, living environment and general care), and the other is for control over their financial estate. Most states, Illinois included, require that the guardian for the financial estate be located in the same state as the ward. You may need to find someone locally to act as this guardian. There are professional organizations that provide these services, such as a trust company (i.e., Northern Trust). This answer is for informational purposes only and is not intended to be legal advice nor does it establish an attorney-client relationship. Please consult a local probate lawyer for legal advice that is tailored to your facts and circumstances.
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If my husband were to pass away without a will, would I have to move from my home?

Answered by attorney David L. Leon
Estate Planning lawyer at David L. Leon, P.C.
Although you would have occupancy rights in the homestead, it's a bad idea for him not to have a will.
Although you would have occupancy rights in the homestead, it's a bad idea for him not to have a will.