[WSBAPT] Representation question (any limitations on who can have an estate plan drawn up in WA state?)

[Sarah Jael Dion]

Thanks, Doug! Sounds like you would agree, then, that there isn't a restriction that would prevent me
from taking this on, but that you think it would be unwise to do so?

> On Jul 5, 2016, at 10:51 PM, Doug Schafer <schafer at pobox.com> wrote:
> 
> Research the concept of "domicile."  As I recall, a person establishes a domicile in a state by being present in that state with a subjective intention to remain in that state. A person, though residing elsewhere, retains their state of domicile until the person establishes domicile in another state.  Probate occurs in the decedent's state of domicile, except for any needed ancillary probate if real property is located elsewhere.
> 
> So I suspect that if the PC died before 4-5 years when he establishes a new domicile in Wash. D.C., courts would treat Virginia as his domicile and Virginia law would govern the settlement (and taxability) of his estate and affairs.  It's possible that courts would treat Wash. D.C. as his domicile, depending upon the facts, since he owns real property there and intends to return and make his home there.
> 
> Unless you are licensed to practice in VA or Wash. D.C. and understand how the laws (including tax laws) of those jurisdictions might apply to the PC's estate planning (and possible probate estate administration), I think you ought not advise him concerning estate planning.
> 
> Doug Schafer
> 
>> On 7/5/2016 8:12 PM, Sarah Jael Dion wrote:
>> Hello all-
>> 
>> I am stumped by this one- any thoughts/guidance would be appreciated! I’ve been deep in the RPCs and RCWs and remain unclear. 
>> 
>> Facts:
>> 1.  PC is a US citizen living in Asia, married to a non-US citizen. 
>> 2.  All assets are in US banks, or in real estate located in Washington DC. 
>> 3.  The last place PC lived in the US was Virginia, and that is where he is registered to vote. However, he has no connection to VA, has not lived there for 9 years and has no plans to return. 
>> 4.  PC and his family plan to move to the US in about 4-5 years, and intend to make their home in DC. At this time though, he has few connections to anyone in Washington DC.
>> 5.  PC’s mother lives in Florida.
>> 6.  PC has never lived in Washington State, and has no property here. 
>> 
>> PC wants to hire me to do his estate plan, based on a lovely recommendation by a current client. I told him I would get back to him!
>> 
>> Questions:
>> Can a Washington attorney draft an estate plan for someone who does not live in Washington State? For someone with no property in Washington State? 
>> 
>> I can’t imagine representing someone in an estate planning setting who lived in a different state, but in this case, there is no actual US residence…
>> 
>> Can I do this, or should I find him a good estate planning attorney in DC who is also licensed to practice law in VA?
>> 
>> Sarah Jael Dion
>> 
>> Dion Law PLLC					
>> 206-550-4005
>> sarah at dionlaw.com
>> dionlaw.com
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160706/0cbe5cbd/attachment.html>