What Happens When a Decedent Owns Property in More than One State?

Following the death of Jimmy Buffett, the creator of the Margaritaville empire, the estate battle between Buffett’s wife, Jane, and his accountant and co-trustee, Richard Mozenter, has escalated. Both have filed lawsuits against each other, with Jane alleging that Mozenter failed to keep her informed about the administration of trust assets and investments and that he paid himself unreasonable fees, among other charges. Mozenter filed claims against Jane in Palm Beach County, Florida, and Jane filed first in Palm Beach County, Florida, and in a Southern California court.

A recent article from The National Law Review, “Proper Venue for Probate Litigation – The Margaritaville Case,” examines the issue of jurisdiction created when property is owned in multiple states. It’s a cautionary tale for anyone who owns property in more than one state, even when the estate value is not as high as Jimmy Buffet’s $275 million realm.

Determining where a multi-state probate case will be litigated varies by state. However, three key issues are typically considered: subject matter jurisdiction, personal jurisdiction and the right of parties to object in a particular state.

Subject matter jurisdiction is a court's power to hear and decide a case. In a trust dispute, the state probate court has the authority to resolve it.

For personal jurisdiction, a litigant must establish sufficient contacts with the state to meet the standard of either general or specific personal jurisdiction. General jurisdiction applies when a person’s contacts in a location are so extensive that the court can take on a case even if the litigation doesn’t involve these contacts.

The court can choose whether to accept a case based on the specific acts of the people involved or on contacts within the state relating to the trust or the estate.

When a trust from another state is involved, a litigator can object to the dispute being heard in a particular state. If the party objects, the court may decide not to entertain a proceeding involving a trust registered with or administered in another state. This could be because the people involved aren’t subject to litigation in the state where the trust is registered, or because the location of the lawsuit would seriously impair the interests of justice.

Where is the principal place of administration? Usually, it’s considered the trustee's “usual place of business,” where trust records are kept, or if there is no place of business, the trustee’s residence.

The Buffet estate is going to take a long time to resolve, even after jurisdiction is determined. When an estate includes property in more than one state, an early and thorough analysis of venue and jurisdiction needs to be part of the estate plan. Addressing these issues up front can prevent one type of litigation—battling over procedural matters, which adds costs and delays—and maintain a focus on protecting the trust and beneficiaries.

If you or a loved one own property in more than one state, taking action before a dispute arises can save your family significant time, money, and stress. At The Werner Law Firm, our estate planning attorneys help families build customized plans that reflect their goals, prevent conflict, and provide clarity during life’s most challenging moments. Proper planning ensures that your assets are administered in the right courts and that your wishes are carried out efficiently and with as little conflict as possible.

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Reference: The National Law Review (Oct. 28, 2025) “Proper Venue for Probate Litigation – The Margaritaville Case”