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

Asked almost 2 years ago - Beach Haven, NJ

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

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  1. 3

    Lawyers agree

    Answered . 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... more
  2. 2

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    Answered . 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... more
  3. 1

    Lawyer agrees

    Answered . 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. ******... more

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