[WSBAPT] Residency

[Josh Grant]

Sometimes when a client is gone from the state a lot each year, I will put in the will “John Jones a domiciliary of the State of Washington”.  anyone else do that?

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: John Creahan 
Sent: Friday, January 04, 2019 4:32 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] Residency

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
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

www.jamiaburnslaw.com

 

NOTICE: This e-mail may contain confidential or privileged material and is intended for use solely by the above-referenced recipient. Any review, copying, printing, disclosure, distribution, or other use by any other person or entity is strictly prohibited. If you are not the named recipient, or believe you have received this e-mail in error, please reply to the sender and delete the copy you received. Thank you.

 

 

On Fri, Jan 4, 2019 at 3:29 PM Philip N. Jones <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] On Behalf Of Anthony Vivenzio
  Sent: Friday, January 04, 2019 3:17 PM
  To: 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

   

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