Legal Question in Wills and Trusts in Florida

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.

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.

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.