[WSBAPT] will for expat

[Heather deVrieze]

If the Will is for a US citizen, for US assets only, I think (and have prepared myself) a Will reciting not "a resident of the state of Washington", but "a US citizen having established my US residency in Seattle, Washington" is more clear and can be appropriately prepared under Washington law.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcia Mellinger
Sent: Monday, October 19, 2015 11:40 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] will for expat

I have always thought that I would prepare wills only for a Washington State resident, or someone with property in our state.

PC has lived in India for 40 years with a residential permit.  She returns to Seattle to visit relatives periodically.  She files taxes here, but does not or vote or have driver's license.  She will inherit substantial assets here upon the death of her Mom.

What say you about doing a will for her? reciting that she is a Washington State resident?

Thanks in advance. Marcia
________________________________
From: Eric at sayrelawoffices.com<mailto:Eric at sayrelawoffices.com>
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Date: Mon, 19 Oct 2015 17:29:40 +0000
Subject: [WSBAPT] U.S. savings bonds automatically JTWROS?
I am surprised I have not run into this before, but - I have an estate where the decedent owned US savings bonds with her spouse. Definitely purchased during the marriage and community property. The bonds are registered in name of decedent "or" spouse. Decedent's Will does NOT give community property to the surviving spouse.

According to the US treasury website, ownership of a US savings bond, when registered in two names, automatically transfers to the survivor upon the death of the first. There appears to be no option for holding a bond in multiple names without it being automatically with right of survivorship.

Based on that, I would think that the surviving spouse receives all the bonds, because it is a non-probate right of survivorship. Does anyone know differently?

Thanks as always -

Sincerely,

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040


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