Panhandle, TX Estate Planning Law Firms & Lawyers

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.

Somebody needs to apply for probate. In this case, it would probably be his wife and it would be started where he died. However, you say temporarily. Was he on vacation or was it an extended stay? Did he tell you it was temporary so you wouldn't get mad? Regardless, if he really live in your state, I suppose you could open up a probate there, but eventually someone will win the battle of the probate forums. If the wife opens in the other state, she can then use that to open a probate in your state to handle his property there. You need to talk with an attorney and his wife and figure out the best way to proceed.

If there is a valid Will, the Will is the presumption of your father's intent. The child can always challenge the Will's validity but this is difficult.