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does the executor of an estate have to live in same state we live in fl.
Palmetto, FL
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Posted 9 months ago in Estate Planning
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my husbands mother lives in fl. her other son lives in calif. can he be the executor of her estate?does a warranty deed cancel out a revokable trust?
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Answers (3)Joseph Franklin Pippen Jr.
This attorney is licensed in Florida.
Posted 9 months ago.
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Thanks for questions. The sons can serve regardless of where the live. Non-blood personal representatives have to be a resident of Florida.
A living trust is better choice than deeding property to family members because of asset protection(homestead) and gift tax laws. David Michael Goldman
This attorney is licensed in Florida.
Posted 9 months ago.
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In addition, the spouse of most relatives can be a PR and live out of state. If you want an out of state accountant you can appoint a corporate PR that is not based in Florida.
Dana M. Laganella
This attorney is licensed in Florida.
Posted 3 months ago.
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The statute that governs your question reads as follows:
The statute that I am referring to is § 733.304 related to nonresidents serving as Personal Representative. The Statute specifically states that a person who is not domiciled in the state cannot qualify as personal representative unless the person is: (1) A legally adopted child or adoptive parent of the decedent; (2) Related by lineal consanguinity to the decedent; (3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or (4) The spouse of a person otherwise qualified under this section. While the language of the statute is slightly confusing, to answer your question specifically, your mother-in-law's son would be able to serve because they are related. |