Gladewater, TX Estate Planning Law Firms & Lawyers

You both should do your own living trust, if you each gave assets to put into the trust, as you are not married. If you were married, you could do a marital trust. Trust are more flexible than wills as to the future changes that occur in your life.

Yes. There is no law requiring that the executor or administrator of the estate be a California resident. The Court will look at the directive in your father's will in order to determine who should be the executor; and will look at the controlling California statute as to who should be the estate's administrator if there is no will. You should contact a probate lawyer in California to assist you in this matter, and provide you with guidance as to whether it is appropriate for you to be named in charge of your father's estate. The fact that you do not live in California, however, is not an automatic barrier here.

It depends on whether or not the house was separate property. He was entitled to bequeath his property to whomever he wanted. His will can only transfer his property. So, if the house was community property, he could not bequeath your half to anyone.