[WSBAPT] Question re: Governing Law

[Roger Hawkes]

Yes; another reason for drafters to be wary; income or other taxes.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Wednesday, November 9, 2022 12:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question re: Governing Law

Way down here in Oregon, we have a version of the Uniform Trust Code, and our version includes ORS 130.030 (OUTC §7).  It provides that a trust document is permitted to select the law of a particular state that will govern the trust.  Most trusts are either silent on this point or designate the law of the state where the trust was drafted.  Such choice of law provisions should be read carefully; no two are alike. Some pertain only to interpretations of the trust, while others pertain to interpretive, administrative, validity, or procedural matters, or all four.
Did Washington adopt this part of the UTC?
I cannot think of any particular advantage to selecting California law.  And if the Washington counsel is unfamiliar with California law, such a choice might be a bad choice.
Also take into account the fiduciary income tax.  Oregon and California have such a tax.  Washington does not.  On this subject, the fewer ties to California, the better.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

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 Brent Williams-Ruth
Sent: Wednesday, November 9, 2022 12:33 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>>
Subject: [WSBAPT] Question re: Governing Law

Greetings List -

I have a PC (that may not become a client) that is unhappy with their original attorney. OK, that's fine, everyone can choose their own counsel. They would like to come to my firm. OK, sounds great. They have sent me their documents.....an RLT that has the governing law of California.

I ask - do you have any contact/assets in California? No. None. Have never even visited.

They were told by their previous attorney that they could choose any state they wanted that would be good for Trusts to be the controlling law.

Looking to hear from anyone regarding how a Washington resident, with only Washington property (for the sake of this query assume all finances are held at a local Credit Union with no branches or contacts with any state other than Washington) can select the applicable law of another state to control their estate planning.

Thank you!

.

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

**EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063

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Direct: (253) 285-7453

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