What to do about handling a Trust matter out of state?

UPDATED: Dec 19, 2014

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What to do about handling a Trust matter out of state?

My father recently passed away; most of his estate in a Trust. He has a Will which simply divides the estate between his 3 daughters; 1 of my sisters is executor of the Trust and lives out of state; my other sister lives in yet another state where the Trust, estate and Will were drawn up. I want to hire an attorney to assist in the distribution matters going forward. Can I hire an attorney in my state to handle this matter for me?

Asked on December 19, 2014 under Estate Planning, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Sorry to hear about your father.

Although you can retain (hire) an attorney in the state where you reside, it would be preferable to retain an attorney in the state where your father resided at the time of his death.  This should be the same state where the Trust and Will were drawn up because that state's probate court will have jurisdiction over your father's estate.

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