[WSBAPT] US child , foreign parents

[Xan Gerson]

Please respond to the list. I’ve had this same question come up several
times in my practice and been unable to give my clients anything more than
a speculative answer. I would be interested to talk to someone with direct
experience.



And adding one more layer to Karl’s question – not all US citizen children
are a citizen of their parents country. Does anyone have any idea if that
matters? How it might work?





Alexandra (Xan) Gerson
*Attorney*

206.408.8163
xan at metisestateplanning.com





*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Karl Flaccus
*Sent:* Thursday, June 11, 2020 8:01 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* [WSBAPT] US child , foreign parents



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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