Legal Question in Wills and Trusts in Florida

Re: Executor of a will in Florida

I am not admitted to practice law in Florida so I am unable to render any authoritative answer to your question. Nonetheless, it is my understanding that you are eligible to serve as an executor under a Florida will. You should check with the Florida counsel.

Re: Executor of a will in Florida

Good question....generally, most Florida attorneys are going to shy away from nonresident PR's unless they are blood related. But if you read the statute below, the spouse of an otherwise qualified resident should work. In the case of a brother-in-law, where the sister is a qualifed PR, the spouse should equally be qualified. Now the fact that the sister has passed away may take a little research on whether the qualification still exists. I would recommend asking the attorney to at least show you the basis upon which he is making his statement. He may very well have sufficient grounds legally or otherwise for advising your brother-in-law. Many times those grounds may be different than what you expect but you may not be entitled to a complete answer because of the attorney client privilege. Again, always consult with an attorney on your specific facts as this is a generalized answer. Hope this sheds a little light.

F.S. 733.302 provides that any person who is sui juris and a resident of Florida at the time of the decedent�s death may be appointed as personal representative of the estate. However, F.S. 733.304 provides that a nonresident cannot qualify as personal representative unless he or she falls into the family relationship category set out in that statute.

733.304 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.

Re: Executor of a will in Florida

No, you are not related by blood.