[WSBAPT] Will in WA, potential client in Philippines

John Creahan john at cairn-law.com
Fri Aug 24 13:35:37 PDT 2018


I would encourage her to have a US based personal representative - she can, for instance, appoint a professional fiduciary to serve in her stead. Her presence in the Philippines could present numerous hurdles - even getting a document notarized will be expensive and potentially time consuming.
The community property question requires a factual analysis. Were the potential community property assets earned during marriage? How were they titled?, etc.
Citizenship could also play a significant role in this probate. Are either or both US citizens? If not a citizen, what was husband's citizenship status?
Hope this helps,
John

John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
206-578-5877
Fremont office:
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Friday, August 24, 2018 11:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Will in WA, potential client in Philippines

I have a potential client in the Philippines.  She is a recent widow and her husband was living in WA for the past 7 years.  She wants to sign a POA to the former caregiver of her husband in order to retain me as counsel on her behalf.  The caregiver would then sign my fee agreement pay the retainer for the widow.  If anyone has experience in representing an out of country widow in a probate in WA, I would love to speak with you.  The widow does not understand English well and the caregiver will also act as an interpreter.

One big question:  If the widow never lived in WA but the husband/wife had substantial assets in WA, do the community property rules apply just as they would if both resided here?

Thank you.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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