[WSBAPT] Canadian be appointed as a PR or Trustee in US

[John J. Sullivan, Esq.]

If the ST is domiciled in Canada, doesn’t that change the situs of the trust? If the trust is governed by WA law, perhaps delegate particular authority sufficient to establish a U.S./WA situs?

 

https://app.leg.wa.gov/RCW/default.aspx?cite=11.98.071

 

John J. Sullivan

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Friday, March 20, 2020 12:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Canadian be appointed as a PR or Trustee in US

 

Jamia:

So based upon Heather's response, did your Canadian PR get an EIN for the Estate and thereby avoid the issue? 

Thanks 

Mike 

 



 

-------- Original Message --------
Subject: Re: [WSBAPT] Canadian be appointed as a PR or Trustee in US
From: Jamia Burns <jamia at jamiaburnslaw.com <mailto:jamia at jamiaburnslaw.com> >
Date: Fri, March 20, 2020 11:24 am
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >

I have had Personal Representative's who reside in BC, Canada and never had a problem. I have not had a Trustee in Canada. In my experience, Schwab is difficult to work with.




Jamia S. Burns
Attorney at Law
(360) 739-6379

Office: 1200 Dupont St., Suite 1-D

Bellingham, WA 98225 (By Appointment Only)

Mail: P.O. Box 29453

Bellingham, WA 98228

jamia at jamiaburnslaw.com <mailto:jamia at jamiaburnslaw.com> 

www.jamiaburnslaw.com <http://www.jamiaburnslaw.com> 

 

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On Fri, Mar 20, 2020 at 11:17 AM <michael at westseattleattorney.com <mailto:michael at westseattleattorney.com> > wrote:

Hi: 

 

Can a Canadian be appointed as a PR or Trustee in US?  

 

I recall that I was informed by a Successor Trustee that after the Trustor had passed a broker (might have been Schwab) had refused to distribute money to him saying he had to be a US Citizen.   

 

If this is current practice, anyway around it?

 

Thanks 

Mike 

 



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