QUESTION
Can a foreign citizen serve as an alternate trustee on a family trust? How?
Asked on Jul 02nd, 2015 on Estate Planning - Colorado
More details to this question:
Can a foreign citizen serve as an alternate trustee on a family trust? Can a foreign citizen serve as an executor of a will?
10 ANSWERS
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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In California, even a non-resident alien can be appointed executor if so named in the will, even though they would not qualify for appointment as an administrator in the absence of a will. For a trust, it can be more complicated because the venue for trust proceedings is normally the jurisdiction where the trustee resides. A California court can accept jurisdiction for a trust being transferred into California, but hard to say what it can do about a trust being transferred out.
Answered on Jul 16th, 2015 at 7:06 PM
Yes, but it is not desirable.
Answered on Jul 06th, 2015 at 12:59 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Foreign citizens can be trustees, so they can be alternate trustees. ?As far as I know, all states require that executors be residents of the state where the probate is located. ?If a foreign citizen lives in the state, then he or she is a resident but a foreign citizen ?that lives abroad is not a resident and can't be an executor.
Answered on Jul 03rd, 2015 at 5:08 AM
3 Awards
Sure. So long as they otherwise qualify and are named in the Will and Trust.
Answered on Jul 03rd, 2015 at 5:03 AM
Edwin K. Niles
Yes, but not necessarily a good idea.
Answered on Jul 03rd, 2015 at 5:00 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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My recollection is no; but even if you could name a foreign national as executor or trustee,, the probate process becomes labored, because of the bonding requirements, the long distance of proceedings, the notary requirements, and the unavailability of the executor/trustee to long arm of the court for legal service process of the court to compel the person into court for contempt or other legal process required for personal attendance in the court. Don't name foreign nationals as an executor or trustee as you will cause numerous legal problems and expense. You are better off naming a licensed bonded financial fiduciary to carry out the requirements of a executor or trustee.
Answered on Jul 02nd, 2015 at 2:40 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It could probably be done (this answer relates to Oregon law). I don't recommend it. The trustee, by agreeing to serve as such, would be consenting to the jurisdiction of Oregon courts; would have to maintain bank accounts in Oregon; and would need an Oregon lawyer to represent him or her. The main problems would be tax problems not having a US person with a Social Security number would cause problems all along the line.
Answered on Jul 02nd, 2015 at 2:16 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The only restriction on a person who seeks to be a representative of an estate are: of majority age (at least 18 years), a resident of the United States, not a convicted felon, not adjudged disabled, and, of sound mind.
Answered on Jul 02nd, 2015 at 1:59 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Yes to both questions, as long as the person designated is not otherwise disqualified: convicted felon, minor, etc.
Answered on Jul 02nd, 2015 at 1:59 PM
In order to provide a simple answer, no.
Answered on Jul 02nd, 2015 at 1:58 PM