[WSBARP] Treatment of Puerto Rican real property in estate planning?

Heather Kolbly heather at kolblylaw.com
Wed Jul 16 20:36:42 PDT 2014


Hi All,

 

I have a pair of clients (husband and wife) who are from Puerto Rico and
have recently moved to WA because husband got a job here.  They own a
house in Puerto Rico and all the rest of their property (bank accounts,
investment accounts, personal property) is here in WA with them.  I have
counseled them to consult with a Puerto Rican attorney about the treatment
of their property there.  However, clients are wondering if a Washington
State/United States Will would apply to Puerto Rican property, since
Puerto Rico is a US Territory.  I have not come across this issue before,
and I am wondering if any of you have.  Based on some minimal research I
have done, it appears that they should have a Will here in WA to apply to
their US/WA property, but also have one in Puerto Rico to cover their
property there (even though PR is a US Territory). Clients also have
mentioned having a living trust done here and placing the PR Real property
in it, but I am not convinced at this point that a US living trust would
reach Puerto Rican property.   Does anyone know if this is correct?  Is
there anything else I am missing?

 

Thank you!

 

Heather Kolbly

Kolbly Law Firm, P.C.

peace of mind through planning

Wills  - Trusts - Powers of Attorney - Medical Directives 

Prenuptial/Postnuptial Agreements 

Small Business Law - Contracts - HOA Representation - Guardian ad Litem

 

Heather Tobin Kolbly

Attorney and Counselor at Law

Mail:  704 228th Ave. NE #122, Sammamish, WA  98074

Office:  (425) 522-4234 s Cell:  (425) 444-1888 

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