Boca Raton, FL asked in Estate Planning and Probate for Florida

Q: Apptd. PR doesn't qualify for title (out of state resident) but signed court documents on trust and probate. Contempt?

By Fl. law how would the judge react to these actions?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: You have not indicated specifically what documents were signed, but unless a court order specifically prohibited the person from doing so, it is doubtful the person acted in contempt of court. With certain exceptions, a person who is not a Florida resident cannot be the personal representative (i.e.: "executor") of a Florida probate estate. But that doesn't apply in the case of a trust and doesn't disqualify the person from receiving title to Florida real property.

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