[WSBAPT] Wrongful Death proceeds payment to Chinese beneficiaries

Wed Aug 25 19:40:45 PDT 2021

  Law Office of
F.ANDREKITA SILVA
____________________________________________  

                                                  August 25, 2021

Eric

I had a wrongful death case last year involving one Colombian citizen  
living in Colombia. The only other beneficiary was here in the U.S.  
(not in Washington).

The actual transfer of the money was really super simple. I walked  
downstairs to my bank, gave them the beneficiaries bank info and  
signed a little piece of paper for a wire transfer and voila!   

I told my bank that any wire fees had to come out of the funds being  
transferred (and that was also included in the agreement between the  
parties as to how much each was to receive). In the end, the wire  
transfer fee- which would have been $40.00--  was waived by the bank  
because the funds came out of an IOLTA trust account. 

In my case we had both a survival claims and wrongful death. Since the  
two beneficiaries (both parents of the adult deceased child) were not  
similarly situated – the beneficiaries first reached an agreement on  
the distribution and we filed a TEDRA agreement.

I took vigorous steps to try to figure out whether or not there should  
be a tax obligation in any country, or fees etc, for the transfer of  
the funds out of the country or upon entering the foreign  
jurisdiction, etc. So, although I tried to inform myself (in addition  
to researching- I badgered this list serve with many, many questions-  
this listserve is a real godsend…) I also directed the PR and  
beneficiaries to consult with their own accountants, etc. , and also  
directed the beneficiaries to secure legal counsel to make sure they  
understood the legal import of everything they agreed to and signed.   
I also required all documents signed (by Colombian beneficiary) to be  
translated by a certified translator.  

My concern was that 1) I have no liability if someone didn’t pay taxes  
and the IRS or foreign entity looked to the PR, and then the PR looked  
to me. So, the TEDRA recited each parties’ opportunity to consult with  
a lawyer, and holding me and PR harmless of any taxes, fees, etc. that  
might be imposed or charged, etc.  

I never dealt with the Colombian lawyer but his office prepared all  
the certified translations, etc. In your case, since there are 3  
foreign beneficiaries, it would be a lot easier to deal with a lawyer.  
If the beneficiaries are minors, they presumably need to be represented.

 andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com

Quoting Dalynne Singleton <dalynne at glgmail.com>:

> I have a WD settlement with South Korean beneficiaries.
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>    Those beneficiaries engaged an attorney in S. Korea who will take  
> the proceeds and distribute.
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>     /DALYNNE SINGLETON/
>
>      
>
>     GOURLEY LAW GROUP
>
>      
>
>     SNOHOMISH ESCROW
>
>      
>
>     THE EXCHANGE CONNECTION
>
>      
>
>     1002 10th Street / PO Box 1091
>
>      
>
>     Snohomish, WA 98291
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>      
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>     360.568.5065
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>      
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>     360.568.8092  fax
>
>      
>
>     _dalynne at glgmail.com_
>
>      
>
>     _Website:  www.glglawgroup.com[1]_
>
>      
>
>     As we face the challenges presented by COVID-19, we have limited  
> staffing in the office to maintain critical functions.  
> Attorney/client meetings will be handled by teleconference or  
> virtually whenever possible.  Be assured that we will continue to  
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> my paralegal theresa at glgmail.com or dara at glgmail.com. 
>
>      
>
>     /LICENSED// IN WASHINGTON AND OREGON/
>
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>       [2]        
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>
>      FROM: wsbapt-bounces at lists.wsbarppt.com  
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF Eric Nelsen
> SENT: Wednesday, August 25, 2021 10:00 AM
> TO: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> SUBJECT: [WSBAPT] Wrongful Death proceeds payment to Chinese beneficiaries
>
>       
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>    Decedent has multiple children domiciled in China, Chinese  
> citizens, no connection to the United States (their parent died  
> while visiting the U.S.). They are entitled to shares of wrongful  
> death settlement proceeds. Can anyone point me in the right  
> direction for how to figure out (a) how to transfer funds to  
> beneficiaries in China, and (b) if there are any tax withholding or  
> other duties the PR has before transferring funds out of the country?
>
>     
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>    Sincerely,
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>     
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>     
>
>    Eric
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>    Eric C. Nelsen
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>     
>
>    Sayre Law Offices, PLLC
>
>     
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>    1417 31st Ave South
>
>     
>
>    Seattle WA 98144-3909
>
>     
>
>    206-625-0092
>
>     
>
>    eric at sayrelawoffices.com
>
>     
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>     
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>     
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>     
>
>    COVID-19 UPDATE - All attorneys are working remotely during  
> regular business hours and are available via email and by phone.  
> Videoconferencing also is available. Signing of estate planning  
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> basis. Please direct mail and deliveries to the Seattle office.
>
>     
>
>     
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>     
>
>     

Links:
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[1] http://www.glglawgroup.com/
[2]  
https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=

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