[WSBAPT] Co-PR's, one US Citizen one Canadian

[Doris Eslinger]

I am handling a probate with two people named as co-executors.  IRS had no problem dealing with just one of the executors.  The banks required both executors' presence/signatures.   I have had a few cases where two people were named in the will as co-executors but one of them provided a declaration declining appointment when we opened probate.  The King County court had no problem appointing the other one named in the will as the sole executor with non-intervention power.  However, if I were one of the executors, since I'm equally liable for all things, I would want to be involved in all things to protect myself.  

Regards, 

Doris Eslinger
ESLINGER LAW OFFICE 
(425) 451-3237 

------------------------------------------------------------------------------------------------------------

This message is intended only for the addressee.  The information contained in this message is privileged, confidential, and protected by the attorney-client or attorney work product privileges.  Unauthorized forwarding, printing, copying, distribution, disclosure or use of such information is strictly prohibited.  If you are not the addressee, please promptly delete this message and notify the sender of the delivery error by return e-mail or you may call our office at (425) 451-3237. Nothing in this message should be interpreted as a digital or electronic signature that can be used to authenticate a contract or other legal document.

-----Original Message-----


Message: 4
Date: Fri, 24 May 2019 16:39:09 +0000
From: Jeanne Dawes <jjdawes at goregrewe.com>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Co-PR's, one US Citizen one Canadian
Message-ID:
	<DM6PR05MB57230506804DD0321F36ACCFAC020 at DM6PR05MB5723.namprd05.prod.outlook.com>
	
Content-Type: text/plain; charset="us-ascii"

Dear Listmates:

I'm trying to determine the downside of naming two siblings Co-PR's for dad's estate.  The one who is a US Citizen, is more often in the area, but he travels a lot, and they feel it would be good to have the flexibility for Canadian citizen sister to jump in when brother is traveling.  These two are the only beneficiaries of the estate, but we will have an issue with the IRS as the decedent (a Vietnam Vet) did not feel compelled to file tax returns.  Not sure what the status is with the IRS.  Both live in N. Vancouver, Canada, so I will need to be appointed resident agent for both.

My questions is whether the IRS will deal with just one of the Co-PR's, or will they require both PR's to join in the signing of any documents that may be required.  The bank has indicated they would let the PR's do banking independently.  There will be a house to sell, and they realize both will need to sign closing documents.   I'm wondering if I could ask the court to Order that the signature of one Co-PR is sufficient to bind the estate.

If you know of reasons why we should not name both, or should name both at Co-PR's I would love the hear them.  Thanks.

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

 [cid:7029b209-7d72-4ff3-a3f4-7f0f7da9282c]

INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL.  IF YOU ARE NOT THE INTENDED RECIPIENT, DO NOT READ, DISTRIBUTE OR REPRODUCE THIS TRANSMISSION (INCLUDING ANY ATTACHMENTS).  IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY THE SENDER BY E-MAIL REPLY.



-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190524/9b541c3e/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Picture (Device Independent Bitmap) 1.jpg
Type: image/jpeg
Size: 9345 bytes
Desc: Picture (Device Independent Bitmap) 1.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190524/9b541c3e/PictureDeviceIndependentBitmap1-0001.jpg>

------------------------------