Elgin, TX Estate Planning Law Firms & Lawyers

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.

Trusts are WAY better than Wills. One of the reasons is that trusts allow you to avoid probate. The ultimate distribution might be identical, but going through probate would cost several thousand dollars, to get to that point. Trusts have other benefits, as well, including the fact that it is a private arrangement. There is no court involvement and the documents (and administration and distributions) are not part of the public record. The ONLY drawbacks to a trust are: 1) It costs more; 2) It is more complex; 3) You need to properly "fund" the trust, or it will not provide you with the maximum benefit. You should have the trust set up by an estate planning attorney. You should expect that the cost will be somewhere between $1,000-2,000. In spite of the cost, this is the only way to ensure that your objectives will be met. It also minimizes the risks of any future problems. I am working with a family right now who bought an online trust. It was not set up properly so now, probate is necessary and because of the documents that were used, a more expensive form of probate is required. The family saved $1,000 on setting up the trust, but it will now cost them more than $5,000 to probate the estate.

I am not exactly sure what you mean by an "outside child." If you simply mean someone who is disinherited by the Will, the answer is generally no. There is an exempt property allowance of $14k that can be claimed by any spouse or child, so there is a chance the child could elect that. Otherwise, unless the Will is contested, the child would not be entitled to anything. The family could decide to give him something anyway. But there would be no legal requirement to do so.