[WSBAPT] Non-english speaking beneficiary

[Mark Mullins]

Listmates:

I've got a now irrevocable trust (the settlor died) with where only one of a few heirs is a beneficiary. The Will is a pour-over to the trust, and the probatable estate qualifies as a "small estate." The trust will not result in any estate or gift tax as far as I am aware. The beneficiary is non-english speaking and the written language does not use english script.

After the settlor's death, the beneficiary came out with family members, and I was able to speak to the beneficiary through dual language family member(s), but did not get anything signed and the beneficiary is back home again.

Some, and I expect all, of the heirs are satisfied with the one beneficiary being the favorite. I expect all heirs live in the same country as the beneficiary. The beneficiary is a non-disabled adult.

I am wanting to get an email consent form signed, but have a variety of questions, one of which is (a) do I need to certify a translator for a document for the beneficiary to sign? (b) how to I get a certified translator or translation? (c) while I never draft POAs for non-clients, it seems to me that a POA that meets my client's needs is the best way to go, if (since, in fact) the beneficiary has indicated willingness for an adult child (or other family member) to be the beneficiary's agent; (d) do I need to see if there are international conventions or other laws or rules that apply?

I may also have a need to communicate with a non-english speaking heir who is not a beneficiary.

Please email or call confirming you received this email.

Sincerely,

Mark D. Mullins
Attorney at Law

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