[WSBAPT] Noncitizen Nonresident PR

Thu Jun 14 15:50:29 PDT 2018

I obtained an EIN for my non-resident, non-citizen P.R. by obtaining his signature on the SS-4, and in the box for his SSN, I wrote in “P.R. does not have” and the form showed his non-U.S. address.  I faxed the form in, and they faxed the EIN back within a few days.  Here is a link to the IRS page that mentions fax as a method for obtaining the EIN:  https://www.irs.gov/businesses/small-businesses-self-employed/how-to-apply-for-an-ein

Of course it is a bit more hassle to get my client’s signature on things, and early on he had to travel here to handle banking etc, but otherwise there have been no problems.

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116
kjm.inc at icloud.com

> On Jun 14, 2018, at 3:18 PM, Jacob Menashe <jacob at hickmanmenashe.com> wrote:
> 
> Thanks for the replies. Very appreciated! 
>  
> From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Megan S. Farr
> Sent: Thursday, June 14, 2018 2:56 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>>
> Subject: Re: [WSBAPT] Noncitizen Nonresident PR
>  
> I routinely ask that my non-citizen permanent residents use a citizen or permanent resident for all fiduciary roles. When I explain the hassle, which results in expense, they are happy to comply.
>  
> Megan S. Farr
> Member | Farr Law Group, PLLC
> 1110 Stevenson Avenue, Ste. 100 | P.O. Box 890 | Enumclaw, WA 98022-0890
> 360.825.6581 (o) | 360.825.0780 (f) | MSF at FarrLawGroup.com <mailto:MSF at FarrLawGroup.com> | www.FarrLawGroup.com <http://www.farrlawgroup.com/>
>  
> This communication is intended only for the above-named recipient.  It might contain information that is subject to the attorney-client privilege and/or is otherwise confidential.  If you are not the intended recipient, please immediately notify the above-named sender.
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> From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Karl Flaccus
> Sent: Thursday, June 14, 2018 2:41 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>>
> Subject: Re: [WSBAPT] Noncitizen Nonresident PR
>  
> A year ago, I gave up trying to get an EIN number for a Canadian PR, and went to court to get myself appointed as co-PR so we could use my EIN to open an estate bank account.  It worked great, but I had to serve as the co-PR. 
>  
> Karl  
>  
> FLACCUS LAW
> 7010 35th Ave. N.E.
> Seattle, Washington  98115
> 206 523-0297
>  
> From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Heather deVrieze
> Sent: Thursday, June 14, 2018 1:50 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>>
> Subject: Re: [WSBAPT] Noncitizen Nonresident PR
>  
> In my experience, while I don’t believe there is a legal prohibition against such, it does not work to have non-citizen, non-US resident be Personal Representative. I think they can be a co-PR, or if they are the individual with a statutory right to serve, can nominate someone they trust who is a US person. Just the process of getting a tax ID number for the estate will be extra complicated if the Personal Representative is not a US taxpayer.
>  
> I try to talk my clients out of nominating non-US persons as their PRs.
>  
> Heather
>  
> Heather S. de Vrieze
> Attorney-at-Law
> <image001.jpg>
> 3909 California Avenue SW
> Seattle, WA 98116-3705                         
> (206)938-5500
> heatherd at westseattlelaw.com <mailto:heatherd at westseattlelaw.com>
> www.westseattlelaw.com <http://www.westseattlelaw.com/>
> Click here to connect with de Vrieze | Carney on Facebook:   <image002.png> <https://www.facebook.com/DeVriezeCarney>
>  
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.
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> From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jacob Menashe
> Sent: Thursday, June 14, 2018 1:24 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>>
> Subject: [WSBAPT] Noncitizen Nonresident PR
>  
> I think this should not be that hard of a question, but I’m not readily finding the answer. Assuming a resident agent is used, can a non-citizen, non-Washington resident serve as Personal Representative of a Washington estate?
>  
> Thanks, 
>  
> Jacob
>  
> ______________________________
> Jacob H. Menashe
> Hickman Menashe, PS
> 4211 Alderwood Mall Blvd., Suite 202
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