[WSBAPT] US child , foreign parents

[Karl Flaccus]

Estate planning couple are living and working here in Washington but are German citizens, and not US citizens.  They have a US born US citizen child. They wonder what would happen if they both died here and they name a relative in Germany as guardian.  There would be a US trust that comes from their wills to support the child.

What would the process be for the German relative coming to the US to pick up the US child?  Do courts get involved in making sure the foreign guardian of the child is well suited?  Would there be some determination of what is in the child’s best interest?  Is that for the probate court to determine?

Perhaps it would make sense to name a temporary US based guardian to shepherd the child through the process of getting them well placed with family in Germany….

This is more a family law question, but nevertheless an issue in the context of estate planning.  Does anyone have any insight into this?

Thank you for your thoughts, as always.

Karl

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