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

Wed May 31 11:19:03 PDT 2017

Doug -

A 15% inheritance tax applies if the estate is probated in Pennsylvania.
Decedent had no ties to PA for 20+ years. Investments and such, even the
pension, are not really tied to Decedent's residence, methinks. I can't see
that PA has any claim to venue for intangible accounts.

The beneficiary of the real property in Germany was appointed PR there. I'm
thinking I could at least attempt getting a judge or commissioner to admit
the Will for an ancillary probate, based upon the residence of the sole
beneficiary.  I believe there is a basis for WA to have jurisdiction since
the Will was first admitted to probate in Germany.  

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.

Thoughts?

Marilyn J.Kliman

Marilyn J. Kliman Law, PLLC

510 Bell Street

Edmonds, WA 98020

206.499.0993

Marilyn at MarilynJKlimanLaw.com

www.MarilynJKlimanLaw.com <http://www.marilynjklimanlaw.com/> 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Wednesday, May 31, 2017 10:48 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Probate here re: testate estae of Ex-Pat in Germany

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

Marilyn at MarilynJKlimanLaw.com

www.MarilynJKlimanLaw.com <http://www.marilynjklimanlaw.com/> 

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