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As a NJ resident and executor of my mother's Florida estate/trust, by which state's law do I claim the executor's fee, Fla or NJ

Beach Haven, NJ |

I am a resident of NJ, the entire estate/trust is in Florida

Attorney Answers 3


  1. Best answer

    Since your mother's estate and trust are in Florida, any fee you would be entitled to as the Personal Representative and/or Trustee would be governed by Florida law. If you have not retained an experienced Florida estate attorney to provide guidance, I'd strongly urge you to retain one. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.


  2. If this is a FL estate, your state of residency does not matter, it is where the estate is located. Keep in mind that executor's fees are taxable income like all your other income so you do have your own personal tax filing obligations at the end of the tax year.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  3. I agree with my colleagues that your fees would be determined under Florida law. Of course, the trust can dictate that other state law would apply, so you should have this reviewed by a Florida attorney.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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