Legal Question in Wills and Trusts in Florida

When executing a will in Florida, if the testator selects a personal representative and/or trustee that lives in another state, will they hold power of Florida Statutes?


Asked on 3/23/12, 6:08 am

3 Answers from Attorneys

A personal representative who lives outside of Florida may serve if they are related by blood to the decedent (some in-laws qualify). However, expect that the court may order a PR Bond be placed on the estate (though in Dade County all PR's put up a bond anyhow).

As to Trustee, there is no court involvement normally, so any person can serve no matter where they live.

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Answered on 3/23/12, 6:19 am
Lucreita Becude Lucreita D. Becude, P.A.

I agree with Mr Kaplan but would like to add - this is exactly why you should have an attorney. the word testator has not been used in years - we now use Personal Reprsentative. A Trustee is someone you would use for trust purposes. So are you doing both? A Living Trust and a Last Will and Testament? Are you trying to incorporate the trustee in your will? Just so you know, if the document is contested - that portion that is not in compliance will be removed and become null and void. The remainder of the document may - after removal of a phrase - may not make any since and thus be declared invalid. the expense of doing a proper will and Trust if needed, are not so expensive that you leave your estate to the vast majority than the individuals you have selected.

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Answered on 3/23/12, 6:38 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

The answer is as described by my colleagues. I would echo Ms. Becude's recommendations as well. HIre an attorney to review and /or create the will and other documents so they are done properly.

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Answered on 3/25/13, 10:33 am


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