[WSBAPT] Non US Citizen as PR?

[Sarah J. Dion]

I agree with Eric. The only issues I can think of are: (1) if there is a PGAL appointed and the PGAL recommends bond be ordered, I think the commissioners would be more likely to agree if the PR is not a US citizen; and (2) having a noncitizen is designated as a trustee could support an argument that the trust, if created, should be taxed as a foreign trust. But seems like that would only come up a beneficiary moved abroad, or if there was some other indicia.

I usually encourage clients to choose US citizens if possible, but there are times when the right person is not a citizen, and ultimately, the most important thing is to choose someone the client trusts!

Sarah Jael Dion
skellenger bender
ATTORNEY
TRUST AND ESTATE PRACTICE
Estate Planning | Probate

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, November 18, 2020 9:09 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Non US Citizen as PR?


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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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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