Willis, TX Estate Planning Law Firms & Lawyers

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.

Not unless she had moved out more than a year prior to his death. If it was for more than a year, you have an argument under Michigan law. Otherwise, they would have had to have been legally divorced in order for her not to receive her share of the estate. There are ways that your father could have disinherited his wife. By failing to set up his estate plan, it sounds like his intent is only going to be partially honored.