[WSBAPT] Non US Citizen as PR?

[Eric Nelsen]

I haven't run across this specific scenario but a green card holder is a lawful resident, so I think they could serve as PR. I don't think U.S. citizenship is a requirement—that is, it's clearly not under the statutory language which only cares about residency, and since probate is a matter of state law I am assuming there is no federal law making a non-citizen but lawful resident unqualified to act in a court-appointed fiduciary capacity.

One of our colleagues who does a lot of Canadian cross-border EP would know more than I, though.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Erin Fairley
Sent: Tuesday, November 17, 2020 9:07 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Non US Citizen as PR?

Hi List Mates,

The Statute seems to be silent. Client wants to appoint Seattle resident and Green Card holder but non-citizen as PR and also, as trustee for testamentary trusts.  What issues have you seen with this scenario?

Thank you,
Erin

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