Freer, TX Estate Planning Law Firms & Lawyers

You need to be more specific about what you are trying to do. Is your father alive or dead? If he is dead, was there a Will? Are there other beneficiaries/heirs? Is anyone going to contest your appointment? If not, then you can certainly file to become personal representative. I have handled MANY estates where the PRs are from out of state. It is generally not difficult. If your father is still alive, is he competent? If not, then the only way to get control would be to go through probate and be appointed guardian/conservator. This is not complicated, but it can be expensive. Feel free to send me additional facts and I will try to provide you more information.

The terms of your mother's will determine you and your brother's rights, obligations, and duties with regard to settling her estate and the division of her property. If your mother is still mentally capable of doing so, it is a good idea to talk to her about these issues now while she is still alive. The division of her personal property in the home is something that she could do while living, and it would be up to her to include or exclude her husband from the process. It sounds as though your mother is quite ill, so this may not be possible. If you have a copy of your mother's will, it may be a good idea to take it to a local attorney who is knowledgeable about probate law to discuss your concerns.

Assuming mother did not have a will, you can file heirship affidavits and deeds to re-title the property to your name. You can then pay taxes and keep the property. You will need a probate lawyer and/or a title company to assist you.