[WSBAPT] International Foreign Guardian

Mon May 12 18:54:44 PDT 2014

Hi Robert,

Your questions present a number of complicated issues.  

As to the first question, I would caution the client that there are a
number of issues that are raised when two countries are involved in
determining the guardian of a decedent.  There was an appellate court case
that came out recently (within the last few months) about a Japanese court
that gave custody to the child’s maternal grandmother without giving the
Washington father notice, let alone a hearing.  The Washington appellate
court was not inclined to give much credence to the foreign court’s order.
Thus, even when the rule of law is followed in one jurisdiction, it may
not be followed in another. There are also many issues with respect to
obtaining visas, permanent resident status, transporting minors across
borders with a person who may or may not be named guardian that can add to
the expense and uncertainty.  

As to your second question, there are treaties that provide for
international wills, but you really need to understand the laws of that
other jurisdiction.  It’s essential that you retain counsel in the other
jurisdiction if the client hopes to use the document in that jurisdiction.
There are also a host of tax and reporting issues involved (both in the
U.S. and in the foreign jurisdiction) where foreign assets are concerned.

I hope that this helps.

Kind regards,

Kristina

Kristina M. Ash | Attorney
STOEL RIVES LLP | 600 University Street, Suite 3600 | Seattle, WA
98101-4109
Direct: (206) 386-7696 | Fax: (206) 386-7500
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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Robert Maxwell
Sent: Monday, May 12, 2014 11:03 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] International Foreign Guardian

I am a new attorney and was curious about 2 issues drafting a will.

1)      Does anyone have any advice or guidance on the issue of guardians
appointed who live outside the United States and whether or not it is a
viable option? 

2)      I was curious about how a Will drafted in Washington holds-up
internationally? I know it is country dependent, but was more looking for
general advice on the matter and whether documents should be redrafted if
an individual moves abroad. 

Thank you in advance, 

Robert D. Maxwell

Associate Attorney

The Moultray Law Group

 <http://www.moultray.com/> www.Moultray.com

11661 SE 1st Street

Suite 100

Bellevue, WA 98005
Phone:  <tel:206-777-1435> 206-777-1435

E-Mail:  <mailto:Josh at Moultray.com> robert at moultray.com

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