[WSBAPT] Probate here re: testate estae of Ex-Pat in Germany

[Douglas Bratt]

Marilyn:

Despite your client's wishes to make things easy on herself by filing in this state (and being able to maintain your able and worthy assistance), would not the client be better served by referring this on to a Pennsylvania attorney for any probate-type case to be filed there?

An important detail - how does the Washington court have the jurisdiction to say anything that would mean anything to a Pennsylvania bank about granting access to a safe deposit box in that state, or to grant your PR client the right to access funds in a Pennsylvania bank account?  (An exception MIGHT be if the bank account was with a national bank with branches in this state, insofar as accessing the bank account proceeds to put into an estate account.)  It also occurs to me that the PA State College system might well react far differently to inquiries from Pennsylvania counsel than from Washington counsel, although it is likely that the retirement benefits might be accessible as a non-probate asset, if there is a beneficiary designation naming your client.  But, it is simply to recover funds in that system in the name of the decedent, I, again think that Pennsylvania courts would have the jurisdiction that Washington courts would not have.

I am  not sure that you can assist this person insofar as completing the process of settling the affairs of a Decedent with no ties to Washington.

Just my three cents worth (up from two cents due to inflation).

Best Regards,

Doug Bratt

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marilyn J Kliman Law
Sent: Wednesday, May 31, 2017 10:00 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Probate here re: testate estae of Ex-Pat in Germany

After residing in Germany for many years, an American citizen decedent's Will had to be probated there to transfer real property. Now my Washington resident beneficiary client needs to open probate here and be appointed PR in order to claim U.S. assets left to her -funds and personal property located in Pennsylvania - as well retrieve some funds still in Germany.  I am shooting from the hip as to how to proceed !!!

Relevant (?) facts:

1.            The German probate attorney intends to issue my client a power of attorney - presumably to use in petitioning for appointment. I infer from my client that the attorney is awaiting my call to request and explain the form, format and type of other documentation I may need from him.

2.            Assets in PA include a safe deposit box; a bank account; PA State College retirement benefits; a reimbursement from social security, and an insurance policy and/or retirement benefits held by AXA with the Estate as beneficiary.

3.            Decedent had no ties to Washington - the only connection is my client's residence.

4.            We have a copy of the Will, a U.S. death certificate from the Embassy in Berlin, and a letter stating that the Consular Report of Death Abroad has been filed with the Department of State in Washington DC.

I am looking at: RCW 11.20.090
Admission to probate of foreign will.
Wills probated in any other state or territory of the United States, or in any foreign country or state, shall be admitted to probate in this state on the production of a copy of such will and of the original record of probate thereof, certified by the attestation of the clerk of the court in which such probation was made; or if there be no clerk, certification by the attestation of the judge thereof, and by the seal of such officers, if they have a seal.

Is this handled as any other probate? Is it an 'ancillary' probate? And what about jurisdiction? Are there specific additional filings and supporting documents required?

I have found statutes dealing with probate for a non-resident, but those rest on the presumption that the assets are located in Washington, which, as noted above, is not the case.

I'd be grateful for any crust of guidance and/or information certain as to procedure here.


Marilyn J.Kliman
Marilyn J. Kliman Law, PLLC
510 Bell Street
Edmonds, WA 98020
206.499.0993<tel:206.499.0993>
Marilyn at MarilynJKlimanLaw.com<mailto:Marilyn at MarilynJKlimanLaw.com>
www.MarilynJKlimanLaw.com<http://www.marilynjklimanlaw.com/>
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