[WSBAPT] UK Citizens w/ US Real Estate

[Katharine P. Bauer]

Our a very simple trust with only the land in it.
On Nov 11, 2014 5:24 PM, <paige at buurstralaw.com> wrote:

>  Where is the property located? If the property is located in a state with a Transfer on Death Deed possibility then that seems like the best option as daughter will not have any current ownership rights.
>
> If not, the property has to be transferred according to the state laws that the property is located in. I would guess that most states have a statute like Washington's that says it will honor a validly executed Will in the location it was executed: basically, the state is going to have to interpret the validity and the terms of the Will as a UK court would. That could get a little complicated, especially if it is at all contested. They should probably contact an estate planning attorney in the state where the property is located to see what options are available in that state.
>
> Another option would be to try and put the property into an LLC and then make sure that "business" is property distributed under UK inheritance laws.
>
> These are just some of my end of the day thoughts. Take em or leave em
>
> Paige Buurstra
> Buurstra Law Firm PLLC
> 116 Ave A, Ste A
> Snohomish, WA 98290360.862.5900
>
>
>
>
> On 2014-11-11 13:40, Felicia Value, Attorney at Law wrote:
> > Hello Colleagues:
> >
> > I have a question on behalf of some friends. They are UK citizens with
> > their primary residence in the UK. They own some property in the US
> > that they want to leave to their daughter. Do they need a US Will to
> > do that? Is there some sort of ancillary proceeding that you open in
> > the US to administer the property, even if the primary probate
> > proceeding is in the UK? I suppose they could add the daughter to the
> > title as a co-owner with right of survivorship, but for exposure
> > reasons I’m never crazy about that idea. Should I tell them to
> > consult US counsel, or is this really simple and can just be dealt
> > with easily in the administration of the UK Will?
> >
> > I will forward your responses directly to my friends. Thanks for any
> > thoughts.
> >
> > Sincerely,
> >
> > Felicia Value
> > Attorney at Law
> > PO Box 578/116 North Third Street
> > La Conner, WA 98257
> > (360) 466-2088
> > www.skagitprobate.com [1]
> >
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