[WSBAPT] Ex Pat - Jurisdiction??

[Tom Stuen]

Colby:  You could try to see if a judge or commissioner would admit the Will
for an ancillary probate, based upon the residence of the sole beneficiary.
I once convinced a judge to admit a Will for which the only connection was
that it was written and signed in Washington.  The property was an account
in Panama, a big boat in Florida, and land in New Mexico.  The deceased was
a Canadian resident of Vancouver who died there.  

                PA has no claim to venue for intangible accounts.

Tom

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of ACP
Sent: Thursday, May 05, 2016 6:07 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Ex Pat - Jurisdiction??

 

Dear Colleagues:  Any suggestions on how to possibly manage the following
would be appreciated:

 

            Decedent died in Germany.  Decedent is ex pat who retired from
college teaching in Pennsylvania 20 years ago.  Decedent has been an ex pat
in Germany ever since.  Decedent owned real property in Germany.  LWT
(executed in Germany) gives real property in Germany to a non-relative
German national.  The non-relative is named as PR.  The 401K and PA savings
accounts are payable to estate.  Apart from the real property, the other
testamentary heir (a niece of decedent) is a Washington resident.  There are
no assets or real property in WA.  The only connection to WA is the
residency of the testamentary heir.  Where should the estate be
administered?  I do not believe there is a basis for WA to have jurisdiction
unless the LWT is first admitted to probate either in PA or Germany.  Yet,
apparently, counsel in PA has suggested WA due to PA’s estate tax that flows
on a percentage basis based upon assets in PA.  Total value of 401K and
savings in PA is approximately $500,000.  Value of real property in Germany
is unknown at this time.  PC is the niece.

 

Any/all thoughts or suggestions or comments are welcome.  Thank you very
much.  Colby 

 

A. Colby Parks    

 

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