Converse, TX Estate Planning Law Firms & Lawyers

In Texas there are a couple of questions that need to be asked. Was the house community or separate property? Next are there children outside this marriage, such as a previous marriage? Since you say it is your mother and father, I will answer as if your sisters are also the product of this marriage. If the house is community property, it belongs to your mother. If the house was your father's separate property, it belongs to you children. She however, has the right to live in it all of her life. Whether her stay in the nursing home is sufficient to remove that right, is a whole different question.

The executor must give beneficiaries notice within 60 days of the probate of the Will. See Texas Probate Code 128A. However, the executor is not required to give this notice to a beneficiary who is to inherit less than $2,000 in property under the Will. Contact the county clerk in the appropriate county to see if the Will has been admitted to probate. If it has, and you are supposed to inherit $2,000 or more in property, then you should receive the required notice within 60 days.

Generally speaking, you can get control over an estate, even if you live in a different state. For a probate estate, most states allow an executor/trustee to be a non-resident, but they may require a supplemental, local executor/trustee to be appointed to assist you in handling certain real estate and financial transactions. However, it appears from your question that your father is still living, so I assume this would a guardianship estate. Guardianship estates can be split into two - one for control over the person (i.e., making decisions about their health, living environment and general care), and the other is for control over their financial estate. Most states, Illinois included, require that the guardian for the financial estate be located in the same state as the ward. You may need to find someone locally to act as this guardian. There are professional organizations that provide these services, such as a trust company (i.e., Northern Trust). This answer is for informational purposes only and is not intended to be legal advice nor does it establish an attorney-client relationship. Please consult a local probate lawyer for legal advice that is tailored to your facts and circumstances.