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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4447
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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In Florida is there alegal requirement that the executor of

Customer Question

In Florida is there alegal requirement that the executor of a will must live in Florida?
Submitted: 8 months ago.
Category: Legal
Expert:  Irwin Law replied 8 months ago.
Hello. Who is providing you and your brother with the information about FL law and the absence of a will?
Customer: replied 8 months ago.

Our stepmother.

Expert:  Irwin Law replied 8 months ago.
A person who is a son of the deceased does not have to be domiciled in the state of Florida to act as a personal representative (executor) for his parents' estates. Florida permits a close relative (by blood) to serve even though he doesn't reside in the state. Florida statute § 733.304 relates to nonresidents serving as Personal Representative. The Statute specifically states that 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.

Number 2, above applies to you and/or your brother.

As far as finding a copy of your father's will goes, wills are usually kept by individuals who are closely related (like a spouse such as your step mother), sometimes the attorneys, banks etc... If you know who your father's lawyer was, that would be a good place to start looking for a will.

I hope this Answer is helpful and that you will give it a positive rating. If not, then do not enter a rating and send back a Reply for more information. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4447
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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