Ochiltree County, TX Estate Planning Law Firms & Lawyers

Your father does not have an estate unless he is dead or has been declared incapacitated by a court. You can act as the administrator of an estate from out of state if you name an attorney as your local agent. The court may prefer a local administrator, if one is available and not disqualified to serve.

A will is only effective after the death of the creator (testator). A will requires opening a probate and appointing an executor to execute the terms of the will under the supervision of a court. There are extra expenses with a will resulting from opening a probate. An advantage of probate is that it cuts off claims against the estate at 6 months after opening the probate. A living (grantor) trust goes into effect while the creator (grantor) is alive. Assets are placed into the trust when created and can be dealt with by the grantor while alive. The living trust is fully amendable and revocable by the grantor. Successor trustees are named and thus upon the death or incapacity of the grantor the named successor trustee is able to act and deal with the trust estate without having to go to court. A successor trustee's ability to step in for the grantor could help avoid the necessity of a guardianship in the event of a loss of capacity. Creation and amendment of a living trust is not as formal as creation of or changing a will.

Of there is no will, and no debt (aside from debt secured by real estate) then you can clear title by using an affidavit. A probate lawyer or title company can do this for a few hundred dollars.