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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 10 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 10 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 10 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 4 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. |