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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 9394
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Can a trustee live out of state from the property being

Customer Question

Can a trustee live out of state from the property being managed? If Yes. Is the trustee compelled to come back to the state the property is in to testify in a lawsuit?
JA: Because laws vary from place to place, can you tell me what state this is in? I think they do a wonderful job. All Experts must pass our rigorous 8-Step Expert Quality Process. This ensures that you get the most knowledgeable, trustworthy help anywhere on the Internet. You can learn more about it here:
Customer: New York. Trust was created in Virginia for property in new york
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Submitted: 11 months ago.
Category: Estate Law
Expert:  LegalGems replied 11 months ago.

A trustee is permitted to live out of state. SCPA 707 governs the qualifications of a trustee and there is no requirement regarding in state residence.

The trustee, by accepting the position, subjects him/herself to the jurisdiction of the court; as such the trustee can be compelled to testify in a lawsuit that is/was part of the trust. Furthermore, the trustee has a fiduciary duty to the estate, so that if testifying in a lawsuit is necessary to protect/preserve the trust assets, such a responsibility would fall within the duties of the trustee.

The trustee may be reimbursed for any expenses incurred in their role as trustee.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 11 months ago.

Checking in on the above;

thank you for using Just Answer.

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