Legal Question in Wills and Trusts in Florida

Re: Executor Rules

1 - no

2 - no problem unless you do something improper.

Re: Executor Rules

While I cannot speak to Florida law, the issue generally is not that you cannot be the executor, merely that it would be extremely difficult to be the executor. Meaning that to execute her will you would most likely need to fly to Florida several times during proceedings.

With regards to the question about receiving part of her estate.... the general answer is no. Most executors receive part of the estate, the important thing is that you guard the rights of the other beneficiaries to the will.

Re: Executor Rules

Florida has specific rules re: executors.

Re: Executor Rules

Nothing here creates an attorney/client relationship; for more information and for specific legal advice, contact me directly for more information.

You may serve as the decedent's personal representative and living out of state is not a problem at all. All documents are mailed to you for signature and absent an extraordinary circumstance you are not required to travel to Florida. A Florida-licensed attorney will perform all the functions that are required. Your aunt should consult a local attorney for advice and consultation.

Re: Executor Rules

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Please make sure you get the right answer. I just read the answers from other attorneys and am amazed at the information provided. Florida law is very specific. Section 733.304 provides: Nonresidents. �

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.

Accordingly, if you are the actual nephew or neice of the maker of the will, you can serve as the Personal Representative (not executor). There is no problem in also being a beneficiary. It is very common that the Personal Representative is a relative who is also one of the named beneficiaries of the estate.

Scott R. Jay, Esq.