Living Will if I am resident of South Carolina and my bank in Virginia is my executor

UPDATED: Oct 1, 2022

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Living Will if I am resident of South Carolina and my bank in Virginia is my executor

While living in VA we had our local bank set up as the executor of our estate. If we set up a Living Trust now that we are living in S.C. can the VA bank still handle our estate from VA?

Asked on July 18, 2019 under Estate Planning, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, they can be the executor: there is no legal requirement that the executor be in the same state as the decedent (person who passed away). They are correct that to handle any legal work in SC, they would need an attorney who is admitted to the SC bar (since unless you are an attorney admited to that state's bar, you cannot represent another person or an estate; and you also want someone familar with that state's laws, rules of court, and court sytem).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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