Seguin, TX Estate Planning Law Firms & Lawyers

It's not automatic. To set the probate process in motion, someone (e.g. the executor in the will or another family member) has to petition the court to be appointed. Normally the person who wants to file the petition will hire a probate attorney to represent them. The question of where the probate estate should be opened is an issue of fact. You mentioned that he was temporarily living in another state. Probate should be opened in the state where the decedent last had his permanent residence. So for example, if I live in Illinois, but happen to die while on vacation on Florida, my estate should be in Illinois even though I died in Florida. It's a little trickier if you're father was actually stayed in another state for a period of months, or years. It's really a question of fact and should come back to where he intended to live on a permanent basis. But this issue can be the subject of dispute at times, in part because state inheritances laws can differ.

Yes. There is no requirement that you live in the same state as your father in order to be his personal representative. However, if he had a will the person who was nominated would have priority. If there was no will then his wife (if living), and your siblings if any will have to duke it out.

A very tough question, which can't really be answered on a website. The will does not "speak" until your aunt passes away. First question is, is your aunt still competent? If yes, it is her call which house gets sold. If no, and you are acting under power of attorney, it gets complicated; you need to respect her estate plan, but that will not be easy to do. In that case, you need a lawyer to work through this so you do not end up with liability to a nephew who loses out.