Can I get control over my father's estate if I live in a different estate than he does?

Question

Michael Yeksavich · Answer

Has your father died?

Vincent Liberti · Answer

I assume you mean as the personal representative or Executor. If so, it depends upon the state's rules. Some states yes; some no. If your father is alive, your father may sign a durable power of attorney appointing you as his agent to handle financial matters.  He also could put you on title of his accounts or draft a trust, transfer his assets to the trust while also appointing you as trustee.

Gerald Bagazinski · Answer

You can be appointed personal representative even if you live in another state but you will need a resident agent to accept any service  of process. You should contact an attorney to discuss this matter and see if they would be willing to serve as resident agent. The probate  court may also require a bond.

S Hunter · Answer

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.

Charles Perry · Answer

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.

James Frederick · Answer

You need to be more specific about what you are trying to do. Is your father alive or dead? If he is dead, was there a Will? Are there other beneficiaries/heirs? Is anyone going to contest your appointment? If not, then you can certainly file to become personal representative. I have handled MANY estates where the PRs are from out of state. It is generally not difficult.  If your father is still alive, is he competent? If not, then the only way to get control would be to go through probate and be appointed guardian/conservator. This is not complicated, but it can be expensive.  Feel free to send me additional facts and I will try to provide you more information.

Candace Ladley · Answer

Yes, if your father does not have a Will appointing an executor or if none   of the appointed executors want to be appointed, you can petition the court   where your father's property is located to have yourself appointed as   administrator of the estate.  The Court will make you post a bond in the   amount of the value of the property.  The premium for the bond can be paid  from  the property in your father's estate.

Michael Stafford · Answer

Yes . But it will require that you post a bond.

Leonard Schwartz · Answer

Yes but you still must qualify to administer the estate.

Ronald Anderson · Answer

You will need to get the Court to Appoint you as Executor (if you are named in his Will as Executor) or Administrator (if he did not leave a Will).

Charles Stewart · Answer

If you are asking if you can be appointed Personal Representative (the P.R. is what Maryland calls the executor), the rules for and out-of-state and in-state P.R.'s are the same, except that you must have a resident agent appointed - someone in Maryland to accept legal service, etc.

Jayne Sebby · Answer

The executor or personal representative of an estate does not need to reside in the same state as the deceased did.  In order to sucessfully fulfill the duties of the executor, it is important to use an attorney who is familiar with the probate and estate laws of the decedent's state of residence.

Arieh Flemenbaum · Answer

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.

Brian Haggerty · Answer

Yes. You will have to file for probate where your father lived, and submit to the jurisdiction of that state's courts.

Frances Headley · Answer

An out of state personal representative is possible but it is more difficult.  You should discuss all of the facts with a probate attorney in the jurisdiction where your father lived.

Dara J. Goldsmith · Answer

It depends upon a number of factors, including but not limited to the following:  Whether he left a Will naming you as his personal representative.  If he left a Will naming you, the answer is probably yes, assuming you meet all state law requirement.  If he names another person, then the answer is probably not.  If he did not leave a Will, it again depends upon state law.  In Nevada, a personal representative who is not named in a Will cannot serve without an in state co-personal representative.  Some states do not have a residency requirement.

Edward Armstrong · Answer

Yes but you will have to retain counsel locally to make sure your interests are protected.

Thomas Edward Gates · Answer

Your location is not a factor in appointing an Executor.  The Executor is nominated in the Will and appointed by the court.  If an Executor has been appointed and the beneficiers have a concern with the actions of the Executor, they may petition the court to appoint a different Executor.

Robert Slotkin · Answer

Yes, if you are mentioned in the will, you can petition to open an estate.   If someone else was designated, that person will petition. If there is no will,  you can petition. The fact that you are out of state is not an impediment.

James Oberholtzer · Answer

The answer to your question depends on many facts that are not presented. Chief among them is whether your father is still alive and if so, is he legally competent.  If he is legally competent, the answer is always no you cannot take control of his estate.  If he is alive but not competent, you will need to go to court to have yourself appointed the conservator of his estate.  If he is dead, it depends on whether he left a will or not.  If he left a Will, were you nominated to be the executor?  Was someone else?  If he did not leave a Will, are you his only child?  Was he married at the time of death?  In all cases, is there any reason why you would not qualify as the person to be in charge?

Jonathan W. Barlow · Answer

In Nevada, a non-Nevada resident can serve as the personal representative of an estate in one of two ways. First, if there is a will that designates you to serve as the executor of the will, then you can serve as the executor of the will even if you do not live in Nevada. Second, if there is no will you can be appointed to serve as administrator of the estate but you will be required to have a Nevada resident serve with you as a co-administrator.  In either situation, you will have to be otherwise qualified to serve, which means that you are an adult, that you do not have a disqualifying felony conviction, and that you do not have a conflict of interest or other reason that would make you unqualified to serve. In addition, if there is no will the Nevada statutes have a priority list of who is entitled to serve as the administrator of the estate. If there are individuals who have a higher priority to serve, you may not be entitled to serve if that person has also petitioned the court to be appointed.  In any situation, it is important to consult with an experienced probate lawyer who practices primarily in probate law to ensure that you receive the best advice. An experienced probate lawyer will be able to guide you through all of these issues and ensure that your ability to serve as personal representative of the estate is protected.

Victor Waid · Answer

Yes, probably by obtaining a conservatorship of his person and estate if he is still living; if deceased, then you will have to petition the probate court in the locality of your father's residence.  Obtain their services of a probate lawyer in that geographical area for either a probate if he is deceased or a conservatorship if he is still alive.

Dera Johnsen-Tracy · Answer

In Wisconsin, an out-of-state resident may be appointed to serve as personal representative of a Wisconsin estate provided an in-state resident agent for the estate is appointed to accept service of process.

Leonard A. Kaanta · Answer

Unless you are appointed his guardian, the answer is no.

James Weiner · Answer

Yes but you will be required to have local representation in the State where your fathers estate is located.

Cristian Arrieta · Answer

The short answer is yes (though as usual there are exceptions and other dynamics especially if there is a conflict).

Joan Durkin · Answer

If your Dad had a will and it named you as the Executor then the court will likely honor those wishes and you will just have to hire local counsel and realtors etc.

Eric Smith · Answer

Your father does not have an estate unless he is dead or has been declared incapacitated by a court. You can act as the administrator of an estate from out of state if you name an attorney as your local agent. The court may prefer a local administrator, if one is available and not disqualified to serve.

David Strachman · Answer

yes

Edwin Fee · Answer

Living outside Maryland does not prevent you from serving as personal representative of a Maryland estate, but you will have to designate a Maryland resident as your resident agent.

Isaac Shutt · Answer

Yes, you can.  It doesn't matter if you are out of state.  However, an in-state "agent" will need to be named.  The agent will forward correspondence to you.  Often the attorney assisting you will be named as the in-state agent.

John Brennan · Answer

Possibly, hire an attorney to attempt it.

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Can I get control over my father's estate if I live in a different estate than he does?

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