[WSBAPT] Question re: Governing Law

Wed Nov 9 13:08:31 PST 2022

Thank you for the help in adjusting my lens - we have 11.98.005 which talks
about Trust situs....but it wasn't helping me with my query because I was
looking at it from the wrong angle. The question is not that Washington
would permit a resident to select another state, but whether the selected
state will allow for the situation.

Once again, the List Serve to the rescue - if they insist on maintaining a
CA trust, I will defer them to finding a CA attorney.

*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 *

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /

On Wed, Nov 9, 2022 at 12:59 PM Philip N. Jones <pjones at duffykekel.com>
wrote:

> 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
>
> (503) 226-1371 – office
>
> (503) 853-1482 – cell
>
> (503) 226-3574 - fax
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *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 *
>
> Office/Scheduling Phone: (253) 285-7751
>
> Direct: (253) 285-7453
>
> e-mail <Brent at Williams-RuthLaw.com> / website
> <https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.williams-ruthlaw.com%2F&data=05%7C01%7Cpjones%40duffykekel.com%7C28731d0859b34af12d5e08dac2920f53%7C2d66ed5354fa4c2f8c4dbff1aca5479d%7C0%7C0%7C638036229831181360%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=pCHkd7OMOBOJfa4c0FOgiAcPe7YnVxiZDL9kF4H88NA%3D&reserved=0>
>  / facebook
> <https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Fbwrlaw&data=05%7C01%7Cpjones%40duffykekel.com%7C28731d0859b34af12d5e08dac2920f53%7C2d66ed5354fa4c2f8c4dbff1aca5479d%7C0%7C0%7C638036229831337604%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=I10TVucBX4quLHXldJz3uId3N10Cnnhpd5DzqFXDEdw%3D&reserved=0>
>  /
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