Universal City, TX Estate Planning Law Firms & Lawyers

I am going to need more information on this. My suspicion is that you can file an action in probate court to have the remains returned to the family. However, I need to know if there's a will, if all children agree, etc.

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.

You can contact the probate court in the county he was domiciled to see if she filed the Will. If no Will, you should check the intestate statute where he lived. In Delaware under the intestate statute when a spouse and children that are not children of both spouses, the children are entitled to receive a portion.