[WSBARP] Canadian Will & American Real Estate

Marvin Benson marvinbensonlaw at gmail.com
Fri May 15 17:03:01 PDT 2020


Yes, I believe so.

Marvin

On Fri, May 15, 2020 at 4:23 PM Jim Doran <jim at doranlegal.com> wrote:

> Since there is no estate in BC do you mean we can do a probate in Whatcom
> County with the BC Will and no probate in BC?
>
> On Fri, May 15, 2020 at 4:12 PM Marvin Benson <marvinbensonlaw at gmail.com>
> wrote:
>
>> The Whatcom county real property will be subject to a probate in
>> Washington state.  Her personal property and any BC real property will be
>> subject to whatever the BC procedure is.   In Washington state, an
>> ancillary probate is handled as a regular probate.
>>
>> Marvin Benson
>>
>> On Fri, May 15, 2020 at 8:48 AM Jim Doran <jim at doranlegal.com> wrote:
>>
>>> I think this one is rather easy.....for those with the experience.
>>>
>>> Client's mother lives in Vancouver BC.  She owns property in
>>> Washington.  She has virtually no estate in British Columbia.  She is
>>> getting ready to kick the bucket.  She supposedly has a Will in BC but the
>>> client hasn't found it yet.  The Will (supposedly) gives the property to
>>> her five children.
>>>
>>> The question is about the jurisdiction for her Will and property when
>>> she dies.  If she has a Will in BC and the real property is in Whatcom
>>> County USA, what do we have to do to transfer the property to the heirs?
>>> (This is assuming that the Will is located.)  More specifically, does a
>>> probate process have to be done in BC?  Does an ancillary probate have to
>>> be done in Washington?  OR: Can the BC Will be used in the Whatcom County
>>> USA Superior Court to transfer the Property?  (I will also check with
>>> the title companies to see if they will do a Lack of Probate process.)
>>>
>>> Thank you for the help.
>>>
>>> Jim Doran
>>>
>>> James R. Doran
>>> Attorney at Law
>>> 100 E. Pine Street -  Suite 205
>>> <https://www.google.com/maps/search/E.+Pine+Street+-%C2%A0+Suite+205+Bellingham,+WA+98225?entry=gmail&source=g>
>>> Bellingham, WA 98225
>>> <https://www.google.com/maps/search/E.+Pine+Street+-%C2%A0+Suite+205+Bellingham,+WA+98225?entry=gmail&source=g>
>>> (360)393-9506
>>> jim at doranlegal.com
>>> www.doranlegal.com
>>> ***Disclaimer: Please note that RPPT listserv participation is not
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>>>
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>>
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>
> --
> James R. Doran
> Attorney at Law
> 100 E. Pine Street -  Suite 205
> Bellingham, WA 98225
> (360)393-9506
> jim at doranlegal.com
> www.doranlegal.com
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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