Sheffield, TX Estate Planning Law Firms & Lawyers

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.

I assume you mean as the personal representative or Executor. If so, it depends upon the state's rules. Some states yes; some no. If your father is alive, your father may sign a durable power of attorney appointing you as his agent to handle financial matters. He also could put you on title of his accounts or draft a trust, transfer his assets to the trust while also appointing you as trustee.

Making a claim against an estate for in-home care of a friend or loved one can be difficult. The truth is that many times these claims often fall under the category of "things that you would have done anyway." Effectively, you are taking the position of being a creditor owed a debt by the estate for the services that you provided. As with any creditor's claim, much of the viability is found in the details. Was there an agreement of some kind between you and the decedent, verbal, or in writing? Was there an expectation of remuneration on your part and expectation of payment for the services on the decedent's part? Is it possible to prove a debt and recover a part of the estate for your services? Sure. Whether or not it is likely depends far too much on the specific arrangement. Your best bet is to consult with a probate attorney near you to outline all of the relevant facts involved.