If a testator selects a personal representative and/or trustee that lives in another state, do they have the power given under the testator’s state statute?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a testator selects a personal representative and/or trustee that lives in another state, do they have the power given under the testator’s state statute?

Asked on March 23, 2012 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to check with ana ttorney in the state of Florida as to the law becuae it differs in each state.  Generally speaking, if a person is appointed as the PR or trustee in the state of Florida - which is where this question fairs from -  then they have the powers given under the state probate laws.  Some states, however, require that the out of state PR also designate a person with in the state for service of papers.  And Florida real estate laws are funny about things so check there.  But the law in the state where the probate was submitted and the trust adminstered is the one that applies.  Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption