QUESTION

if naming a a child as executor, and you have 2 out of state children and one instate, is it the child that lives in the state?

Asked on Nov 06th, 2012 on Wills and Probate - Missouri
More details to this question:
sybling both live out of state and my brother is on the list as executor, I heard that legally it has to be the child that lives in the state of missouri others live out of the state and the will and person are both in the state of missouri
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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The courts prefer the executor lives in the state, because it is easier for communication, signatures, court appearances and the costs of all that. But it is not required. However, if the person nominated lives out of state he or she must designate an in-state person or company to handle the fiduciary duties of administering the estate. From the Missouri code: 473.117.3. Before a nonresident of this state or a corporation organized under the laws of another state or country is issued letters testamentary or of administration he, she or it shall file in the probate division of the circuit court a designation, including the signature and address, of a resident of this state, or a corporation of this state authorized to administer trusts, as agent for the service of process on and the receipt of notice by such nonresident or foreign corporation. This designation shall be recited in the letters testamentary or of administration. Such a designation may be revoked only by a new designation of an agent for service and notice in this state, which shall be endorsed on the letters testamentary or of administration. By filing such designation, the nonresident submits personally to the jurisdiction of the court in all proceedings relating to the administration of the estate and to the performance of his fiduciary duties until discharged of those duties by the court. (L. 1965 p. 634 §§ 1, 2, 3, A.L. 1980 S.B. 637, A.L. 1989 H.B. 145); http://www.moga.mo.gov/statutes/chapters/chap473.htm To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Dec 03rd, 2012 at 1:24 PM

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