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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33708
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I am the Executor of one of my best friends (over 50 years).

Customer Question

I am the Executor of one of my best friends (over 50 years). He died in Bradenton FL
Their rule for outside Executor is that they must be a relative, My friend has no relative.
What I can I do at this point?
Submitted: 9 months ago.
Category: Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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You are correct that in Florida, a nonresident executor must be related to you by blood, marriage, or adoption.

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733.304 Nonresidents.—A person who is not domiciled in the state cannot qualify as personal representative unless the person is:

(1) A legally adopted child or adoptive parent of the decedent;

(2) Related by lineal consanguinity to the decedent;

(3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or

(4) The spouse of a person otherwise qualified under this section.

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With that said, if the friend has absolutely no other relatives living, then you would have to hire a local attorney in FL file a petition in FL probate court and ask the judge to appoint an "Administrator Ad litem" to represent the estate.

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733.308 Administrator ad litem.—When an estate must be represented and the personal representative is unable to do so, the court shall appoint an administrator ad litem without bond to represent the estate in that proceeding. The fact that the personal representative is seeking reimbursement for claims against the decedent does not require appointment of an administrator ad litem.

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This could likely be the attorney who you hired to help with the estate.

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thanks

Barrister

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