[WSBAPT] Undocumented Immigrant as PR?

[Bryce Dille]

In Pierce County they want the date of birth or the SS no. prior to appt to check record for convictions etc. so if the proposed PR had no birth record in US and had no SS no I don’t know what the commissioner would do if you told the commissioner client was undocumented it is clear under the statute that in and of itself is not a prohibition to appt. If appointed and the PR had no SS no. might be difficult in getting tax ID no for the estate.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Corey Rogers
Sent: Wednesday, June 08, 2016 9:25 AM
To: WSBA; corey at findleyrogerslaw.com
Subject: [WSBAPT] Undocumented Immigrant as PR?

HC is married to a currently-undocumented immigrant.  HC has questions as to whether the undocumented spouse can serve as executor under will and whether spouse can inherit real property in Washington.

I haven't found anything that would prevent spouse from inheriting in Washington based on immigration status.  Does anyone have experience with this issue?  Any resources you could recommend?

Also, I don't see a specific legal barrier to the undocumented spouse serving as PR.  Am I missing something on this?  I do think there are potential reasons not to appoint the undocumented spouse, such as (1) what happens if they are deported before or during administration, and (2) the possibility of ICE using the legal appointment and hearings as a way to find the spouse.  Does anyone have additional guidance on this issue?

Sincerely,

--
Corey H. Rogers
Attorney at Law
Findley & Rogers, PLLC
2633 Eastlake Avenue East, Suite 207
Seattle, WA 98102

T: (206) 331-7377
F: (206) 486-9930
corey at findleyrogerslaw.com<mailto:corey at findleyrogerslaw.com>

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