Estate Law Questions? Ask an Estate Lawyer.
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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