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Law Office of Heath Hemphill, P.C.

  • 114 West Liveoak, Coleman, TX 76834, U.S.A.

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Estate planning attorneys help individuals prepare for the management and distribution of their assets after death or incapacitation. They create legal documents such as wills, trusts, powers of attorney, and healthcare directives. Their work ensures a client’s wishes are honored, minimizes potential taxes, and simplifies the process for their loved ones.

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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?

Charles Robert Stewart
Answered by attorney Charles Robert Stewart (Unclaimed Profile)
Estate Planning lawyer at Law Office of Charles R. Stewart
If you are asking if you can be appointed Personal Representative (the P.R. is what Maryland calls the executor), the rules for and out-of-state and in-state P.R.'s are the same, except that you must have a resident agent appointed - someone in Maryland to accept legal service, etc.
If you are asking if you can be appointed Personal Representative (the P.R. is what Maryland calls the executor), the rules for and out-of-state and in-state P.R.'s are the same, except that you must have a resident agent appointed - someone in Maryland to accept legal service, etc.
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Who will get my aunt's house when she passes away?

Kimberly Demetrice French
Answered by attorney Kimberly Demetrice French (Unclaimed Profile)
Estate Planning lawyer at Law Offices of Kimberly D. Moss, PLLC
It's a bit unclear what happened, but I'm going to attempt to answer your question in either scenario. If your aunt signed the deed over to your sister, then it is no longer your aunt's house because she sold it to her (or gave it away) when she transferred the title to her. If, instead, your sister prepared a deed and forged your aunt's signature, this is an invalid transfer. You didn't say whether or not this new deed done by your sister was filed in the county deed records, but the best thing to be done is to contact a local attorney for a consultation about this matter. If your aunt is still alive, this matter can be resolved relatively quickly with either a correction deed or a title examination.
It's a bit unclear what happened, but I'm going to attempt to answer your question in either scenario. If your aunt signed the deed over to your sister, then it is no longer your aunt's house because she sold it to her (or gave it away) when she transferred the title to her. If, instead, your sister prepared a deed and forged your aunt's signature, this is an invalid transfer. You didn't say whether or not this new deed done by your sister was filed in the county deed records, but the best thing to be done is to contact a local attorney for a consultation about this matter. If your aunt is still alive, this matter can be resolved relatively quickly with either a correction deed or a title examination.
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What is the probate process after a parent's death?

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Answered by attorney Mark T. Peters (Unclaimed Profile)
Estate Planning lawyer at Peters Law, PLLC
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.
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.
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