[WSBAPT] Reposting: ?Anyone help with Treatment of US property for foreign children in US if parents die

Mon Aug 4 08:28:44 PDT 2014

Hi All,

I have Husband and Wife clients who are residents of WA (work visa) and
who are citizens of Israel. They have 2 children – a 3 y.o. daughter who
is an Israeli citizen and an infant boy who is a US citizen.  All of their
relatives are in Israel, and they want the kids to go back there with
family if both parents die. They are having Wills drafted here (I have
also advised them to have wills drafted in Israel to handle their property
there as well).  They own their house (minus the mortgage) here in the
Seattle area and have some bank and investment accounts here as well.  In
the event that BOTH parents die, can anyone tell me:

1.        What happens with the children’s trusts I am setting up in
clients’ wills?  The WA house will be sold and the proceeds will go into
the children’s trusts, and the US investments and bank account funds will
be directed to go into the children’s trusts.  Clients want a relative in
Israel to be the trustee.  They expressly DO NOT want anyone (or any
American entity) who is not family being involved in the trusteeship of
their children’s trusts.  How does such a children’s trust work?  Must the
trust funds stay here in the US, and if so, can they have a trustee who is
not a US citizen and who does not live here in the US?    

2.       What happens in the probate process regarding the children when
the parents, who are citizens of another country, both die and have named
citizens and residents of another country as the guardian?   I always tell
clients like this that the nominated guardians need to be able to get into
the US legally and stay here legally for the probate process related to
the guardianship (at least 45 days), and that having two countries
involved in the process can result in complications and higher probate
costs to their estate.  In addition, I let them know that there can be
additional issues if the child(ren) are US citizens vs. citizens of the
parents’ home country. Finally, I suggest that they consult with an
immigration lawyer for more information.  Beyond that, I don’t know much
about how this works.  Can anyone shed any light on the actual process for
me?

Thanks!

Heather Kolbly

Kolbly Law Firm, P.C.

peace of mind through planning

Wills  - Trusts - Powers of Attorney - Medical Directives 

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Heather Tobin Kolbly

Attorney and Counselor at Law

Mail:  704 228th Ave. NE #122, Sammamish, WA  98074

Office:  (425) 522-4234 s Cell:  (425) 444-1888 

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