Legal Question in Wills and Trusts in Florida

Re: Florida Executor

Why not have them consider a trust? That way, no probate!

Re: Florida Executor

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.

You are legally allowed to serve as the Personal Representative of your parent's estate. You can live outside of the State of Florida if you are related within two degrees of consanguity which you qualify for. Whomever told you otherwise is wrong.

Scott R. Jay, Esq.

Re: Florida Executor

Mr. Jay's response is correct in that you may serve as personal representative (executor) of your parents' estates in Florida, even though you are not a Florida resident, as may many other relatives of the decedent. Here is a copy of the Florida 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.

(Lineal consanguinity means parents, grandparents, etc., and children, grandchildren, etc.)