Legal Question in Wills and Trusts in Florida
Resicency of administrix
My mother has moved from Virginia to Flordia. My sister, a Virginia resident, beleaves she is still the administrix. I beleave she must be a resident of Florida to administer the will. Is this so? The story goes a little deeper. I beleave an unscrupulous person has placed themself as administrix but has allowed my sister to beleave she still holds that distintion. The ''culprit IS a Florida resident.
1 Answer from Attorneys
Re: Resicency of administrix
You have not made your question very clear. I am guessing that you want to know if your sister who lives in Virginia can be the personal representative (the Florida term for administrix) of your mother's will and estate now that your mother resides in Florida. If that is the question, the simple answer is yes.
Florida law requires the personal representative to be a blood relative within the second degree of consanguity or a Florida resident. This is designed to minimize the improper handling of monies or the wrongful dissapation of an estate.
I would suggest that your mother meet with a Florida attorney to review her last will and testament to be sure that it is current and complies with Florida law.
Scott R. Jay, Esq. 305-249-8000