[WSBAPT] Residency

[John Creahan]

I had a similar situation a few years ago (US/French citizen with Washington State property).
We created a “situs” will for the US property. The will’s introductory paragraphs recited some basic facts about her situation and stated “I intend this Will to apply only to my US-situs property, including any real property located in Washington State” or something similar (I don’t have the exact language). In other words, her French property would pass according to French law and US property according to US law.
My client’s Washington real property constituted the bulk of her non-French property and courts (almost?) always defer to the jurisdiction in which real property is located. If she had significant intangible assets (including a US investment account, for instance), we might have had to do more to ensure that those assets passed in accordance with her wishes.
It gets more complicated if a non-resident wants everything – including foreign situs property – to pass according to Washington law. Issues of residency and domicile can be complex, especially where taxes are involved.
Hopes 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 Jamia Burns
Sent: Friday, January 4, 2019 3:33 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Residency

I have the same issue with some potential clients who work and live in BC Canada, but are US citizens and own real property in Washington State. How do people address this in the first paragraph of the Last Will and Testament?

Respectfully,
Jamia S. Burns
Attorney at Law
(360) 739-6379
Office: 1200 Dupont St., Suite 1-D
Bellingham, WA 98225 (By Appointment Only)
Mail: P.O. Box 29453
Bellingham, WA 98228
jamia at jamiaburnslaw.com<mailto:jamia at jamiaburnslaw.com>
www.jamiaburnslaw.com<http://www.jamiaburnslaw.com>

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On Fri, Jan 4, 2019 at 3:29 PM Philip N. Jones <pjones at duffykekel.com<mailto:pjones at duffykekel.com>> wrote:
I believe it is all a state of mind, the place he calls home and eventually intends to return.
Phil Jones
Portland, OR

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 Anthony Vivenzio
Sent: Friday, January 04, 2019 3:17 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Residency

Listmates,
Client has been working in Singapore for 7 years with no end to the work in sight.  He visits vacation property he owns in Washington State once a year.  He would like to execute testamentary documents, a will and a trust.  Does he satisfy residency requirements for the making of a will in the state of Washington?
Thank you for your help.

Anthony D. Vivenzio,
Attorney and Counselor at Law
PO Box 208
540 Guard Street, Ste. 260
Friday Harbor, WA  98250
(360) 378-6860
vivenziolaw at rockisland.com<mailto:vivenziolaw at rockisland.com>

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