[WSBAPT] Any problem with a non-resident PR opening the estate checking account in her country of residence?

Jamia Burns jamia at jamiaburnslaw.com
Wed Nov 16 17:15:42 PST 2022


Taking estate money and placing it in a bank account in another country
seems problematic (the court would lack jurisdiction if there was an
issue). I would also be surprised if a bank in Canada would be willing to
accept one of our letters testimentary to open an account. It might also
trigger some tax implications in Canada. As the personal representative is
a US citizen and has a social security number, I would strongly suggest
that they open an account in the US.


Jamia S. Burns
Attorney at Law - Estate Planning
360-739-6379
www.jamiaburnslaw.com
jamia at jamiaburnslaw.com
Office: 1200 Dupont Street, Ste. 1-D
Bellingham, WA 98225 (by appointment only)

On Wed, Nov 16, 2022, 4:42 PM Diane J. Kiepe <DJKiepe at depdslaw.com> wrote:

> I would suspect you can but there are FBAR issues that arise with foreign
> accounts and penalties are stiff for noncompliance.  I have only seen the
> FBAR filings in an individual context so not sure if/how they apply to
> estates.
>
>
>
> *Diane J. Kiepe*
>
>
>
> Diane J. Kiepe
>
> Douglas Eden
>
> 717 W. Sprague Ave.
>
> Suite 1500
>
> Spokane, WA  99201
>
> djkiepe at depdslaw.com
>
> 509-455-5300
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Roger Hawkes
> *Sent:* Wednesday, November 16, 2022 4:17 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Any problem with a non-resident PR opening the
> estate checking account in her country of residence?
>
>
>
> Let us know what you find out; I suspect the irs wants to know about or
> have access to all Estate info and that won’t happen with Canadian Bank, I
> think.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Jon Fritzler
> *Sent:* Wednesday, November 16, 2022 3:52 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Any problem with a non-resident PR opening the estate
> checking account in her country of residence?
>
>
>
> Listmates,
>
>
>
> If the personal representative is a US citizen but lives in Canada, is
> there any problem with her opening the estate account at her bank in
> Canada?
>
>
>
> Sincerely,
> Jon M. Fritzler
> Attorney at Law
> 717 E. 22nd St.
> Vancouver, WA 98663
> Tel. 360.818.4431
> Eml fritzlerlaw at outlook.com
>
>
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