J. Kelly Kennedy, Attorney/CPA, PLLC

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Legal help with estate plans and out-of-state representatives

With estates and will planning in Florida, there are a great number of variables that can come up. One involves the executor - alternatively known as the personal representative - of the decedent and if that person lives out of state. The laws of the State of Florida dictate that the executor who lives outside of the state has to be a relative of the person who died.

Included in this can be offspring, siblings, uncles, aunts or any other relative. It can also be a relative through marriage such as an in-law or a spouse. Since this might be a relatively unknown issue in will administration, it is wise to have legal help to get through it. In general, a person who is an out-of-state resident and has been named the executor is someone who has either lived in Florida or will travel to the state to take part in the funeral services as well as get the person's affairs in order. The legal matters can be handled during this period and it is not often necessary to come back to the state more than once.

For a person who lives out of state and was named as the executor, the probate process might seem to be a bit intimidating and there could be concerns about the cost and time spent dealing with it. This is when legal help is an imperative to smooth the entire process and organize it. Good legal help will work with the executor in settling the matter as efficiently as possible. If this is a concern, it is wise to get it organized before the person's death. Even if this has not taken place, the matter can still be dealt with little disruption.

Those who are the executor of a person who resided in Florida but they do not reside in Florida themselves need to know how the process of out-of-state representation works. For assistance, it is key to speak to an attorney who is well-versed in estate plans under these circumstances and act accordingly. A lawyer can be of immense help in such a case.

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