Florida resident's friend who lives out of state may not serve as personal representative

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Question: I understand that under Florida law, my lifelong friend who just moved out of state, can no longer serve as personal representative under my will. My son is backup personal representative, but he lives in Hong Kong, so it won't be easy for him. Do I have any other options?

Answer: You are right: Florida permits a non-resident to serve as your personal representative only if he/she is your relative by blood or marriage. If your son does the job there will certainly be challenges, but they are not insurmountable. My office frequently works with personal representatives who live outside the United States.

Here's an option if you would prefer to retain your friend as the person in charge of your affairs: Create a trust and name your friend as trustee, with your son as successor trustee. A trustee, unlike a personal representative named in your will, need not be a Florida resident or a relative.

Regardless of whether you use a will or trust, you may decide it's best to have a trust company, lawyer, accountant or other person serve in the capacity of personal representative, trustee or co-personal representative or co-trustee, along with either your friend or your son, to facilitate the management of your affairs. You should discuss these and other options with a competent Florida estate planning attorney.

Joseph Karp, a member of the Florida and New York Bars, is a Nationally and Florida Bar Certified Elder Law Attorney and founder of The Karp Law Firm, located in Palm Beach and St. Lucie counties. The firm assists clients with wills, trusts, Medicaid and VA benefits planning, asset preservation, and probate/trust administration.