[WSBAPT] Seeking Referral - Complicated Estate & Sep. Prop. Agreement

David Faber david at faberfeinson.com
Tue Sep 10 12:26:45 PDT 2019


List,

I am seeking to refer a potential client out, ideally somewhere west of
Seattle, but my guess is that the PC is going to have to travel to Seattle
for this project. This is going to read like a bar exam hypo... Here are
some pertinent details:

(1) PC has assets with a likely value of between $30-40 million.

(2) PC's assets are potentially spread across three separate trusts and
include real property situated in Illinois and Oklahoma (and possibly other
jurisdictions, still need to clear that up).

(3) PC's spouse died in April of 2018. PC is currently in the process of
filing estate tax returns for spouse (which the deadline, plus extensions,
is coming up hot) but PC's trust has specific asset division instructions
that will need to be acted on in some manner. PC has not yet dealt with
these issues.

(4) PC is also seeking a Separate Property Agreement for his pending
marriage. PC's future spouse is a Filipino national who is coming to the US
on a marriage visa and they have 90 days to marry once here. PC and the
Filipino National also have a young child together. I was immediately
concerned about claims of coercion regarding a Separate Property Agreement
given the marriage visa. PC's estate planning and family law needs appear
to overlap to a pretty significant degree and hopefully both needs can be
addressed by the same firm.

I'm guessing that PC is going to be a very good client to someone, but
discretion is the better part of valor in my book and I think this one is a
series of malpractice blunders waiting to happen for any attorney who isn't
significantly experienced in issues of relatively-high-net-worth tax
planning and international spousal arrangements. Self-referrals are fine!

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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