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?

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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 12 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.


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