[WSBAPT] US child , foreign parents

Thu Jun 11 12:15:37 PDT 2020

These are all certainly interesting and very valid points worth consideration as we counsel clients but, I am still curious about Karl’s inquiry, has anyone considered such language?

I have drafted the below in attempt to begin to address what Karl describes and practically, the concern of needing a trusted local point of contact under any scenario.

“My primary purpose in drafting this Last Will and Testament is to provide for the care and custody of my minor children, in a smooth and expedient manner, notwithstanding the naming of British citizen as their ultimate Guardian. In the event there is an interim requirement, imposed by a Court of competent jurisdiction, necessitating the role of a United States citizen, I hereby confirm that _________________ shall be nominated as interim Guardian, as will facilitate the efficient administration of my estate and ultimate delivery of my minor children to their nominated Guardian.”

Suggestions?

Refinements?

Warnings?

Regards,
Kailei
Kailei B. Feeney
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Thursday, June 11, 2020 10:12 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] US child , foreign parents

I think Marcus has raised several good questions.  I also have numerous clients from other countries who want to name someone in their home country to care for their children, usually a relative.  Most of the time, they aren’t willing to consider the possibility of allowing their children to stay in the US just because they don’t have anyone they trust enough to raise their children here—or they want their kids to be with family members.

I moved to another country when I was 9.  Granted, it was an English-speaking country, and I was with one of my parents (my mother), but I still remember the enormous culture shock I experienced and how lonely I felt without my friends and familiar surroundings.  It would be so much worse without either parent.

Candace Wilkerson

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Marcus Fry
Sent: Thursday, June 11, 2020 8:33 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] US child , foreign parents

Karl:
Having done adoptions by non-US citizens here in the US, I can tell that is not the issue, and therefore, I would expect that this would hold true for a lesser status as guardian.  I believe this is more of an immigration question, because the law grants the rights to the parents to name the guardian for their child.  Isn’t the question what kind of visa (if eligible at all, but I expect there is something) would the child be eligible to receive to go live in Germany? Moreover, you make a good point about the logistics of a minor child here in the states, but that would likely just be making sure passports are up to date for the German family to be able to travel quickly to the states.

As an aside, does the child really want to go live in a completely different country?  If this event is happening, that means that child has lost both of his/her parents.  Sticking the child in a completely different culture that speaks a different language (I recognize English is very common in Germany) may be a lot for this child depending on his/her age.  Are there godparents to this child in the US that the child would rather be with to lessen the emotional impact of change?

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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

FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington  98115
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