[WSBAPT] German citizen-US legal permanent resident

[Margaret Delp]

Hello everyone: I am working on an estate plan for a couple in which the wife is a German citizen and a US legal permanent resident and who has lived in the US for over 20 years. Their small estate is entirely community property and comprised of approximately $280,000.00 in financial assets. 

 

My questions center on whether the wife’s German citizenship/legal permanent resident status has any implications in estate planning: 

 

First, can a US legal permanent resident serve as Personal Representative? RCW 11.36.010 disqualifies minors, people of unsound mind, and people with felony convictions, and does not appear to require US citizenship. In this case, we can avoid probate altogether as between spouses through beneficiary designations and JTROS titling on financial accounts, but I am still wondering for the purpose of drafting their very simple wills.

 

Second, are there any German tax implications for the wife when she inherits from her spouse? My understanding from a google search is that Germany will not tax the wife’s inheritance if she is not German tax resident.  Does anyone have any expertise in this area?

 

Third, is there any problem with the wife serving as agent for the husband under his durable power of attorney for financial and property decision making?

 

Thank you!

Margaret

 

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Law Office of Margaret Delp

Mailing Address: PO Box 292, Langley, WA 98260

Physical location: 2815 Howard Rd., Langley, WA, Second Floor

Phone: 360-579-4530

Fax: 360-512-3114

www.delp-law.com

 

 

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