[WSBAPT] Canadian cross border probate issue
Jim Doran
jim at doranlegal.com
Mon Jul 7 16:18:50 PDT 2014
Thank you and the others for the replies to my question. I’ll start with
persuasion with Bank of America. Then a probate if not successful.
James R. Doran
Attorney at Law
100 E. Pine Street – Suite 205
Bellingham, WA 98225
(360)393-9506
<mailto:jim at doranlegal.com> jim at doranlegal.com
www.doranlegal.com
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Monday, July 7, 2014 3:49 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Canadian cross border probate issue
Your instincts are correct. RCW 11.96A.040(1)(c)
<http://apps.leg.wa.gov/rcw/default.aspx?cite=11.96A.040> (jurisdiction
even where death is of a nonresident and death occurs outside of the
state); RCW 11.96A.050(4)
<http://apps.leg.wa.gov/rcw/default.aspx?cite=11.96A.050> (venue is in
any county the Petitioner selects).
Sincerely,
Eric
Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA 98101-2837
phone 206-625-0092
fax 206-625-9040
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Monday, July 07, 2014 3:39 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Canadian cross border probate issue
I had thought of doing the probate here and do it relatively
inexpensively. Will the Washington superior Court do a probate of a
Canadian who died in Canada solely for the purpose of getting letters of
Administration to deal with the funds in Washington?
As I ask the question my instincts tell me “Yes”, the court will do this.
What do you think?
James R. Doran
Attorney at Law
100 E. Pine Street – Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Monday, July 7, 2014 2:58 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Canadian cross border probate issue
If survivor can wait, what about the unclaimed property process? Send B of
A notice of the death and suggest they turn the money over to DOR
Unclaimed Property. My experience is, DOR is more flexible about sending
money to claimants than B of A has ever been. But the process could take a
year or more, before B of A gets around to sending the money out.
Otherwise, I think you're right: probate needed. Maybe an ancillary
wouldn't be necessary, if B of A would accept the equivalent of Letters of
Administration from the Canadian action. Or, if there are not assets in BC
requiring probate, maybe do a probate here.
Sincerely,
Eric
Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA 98101-2837
phone 206-625-0092
fax 206-625-9040
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Monday, July 07, 2014 2:51 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Canadian cross border probate issue
Here’s one I have not seen yet:
Wife dies in British Columbia as a resident of British Columbia. She had
a bank account with Bank of America, US, with $3,000. Bank of America
wants probate letters of administration to authorize the closing of the
account and payment of the $3,000 to the husband as heir.
What do we have to do? The small estate affidavit won’t work because she
didn’t die a resident or in Washington.
It sounds to me that this has to be done in British Columbia and then an
ancillary probate in Washington. That will no doubt eat up the funds or
leave very little left.
James R. Doran
Attorney at Law
100 E. Pine Street – Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
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