Can a foreign citizen serve as an alternate trustee on a family trust? How? 10 Answers as of July 16, 2015

Can a foreign citizen serve as an alternate trustee on a family trust? Can a foreign citizen serve as an executor of a will?

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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.
Answer Applies to: California
Replied: 7/16/2015
Patrick W. Currin, Attorney at Law | Patrick Currin
Yes, but it is not desirable.
Answer Applies to: California
Replied: 7/6/2015
Ronald K. Nims LLC | Ronald K. Nims
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.
Answer Applies to: Ohio
Replied: 7/3/2015
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Sure. So long as they otherwise qualify and are named in the Will and Trust.
Answer Applies to: Nevada
Replied: 7/3/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
Yes, but not necessarily a good idea.
Answer Applies to: California
Replied: 7/3/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    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.
    Answer Applies to: California
    Replied: 7/2/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    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.
    Answer Applies to: Oregon
    Replied: 7/2/2015
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    In order to provide a simple answer, no.
    Answer Applies to: Colorado
    Replied: 7/2/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    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.
    Answer Applies to: Illinois
    Replied: 7/2/2015
    Attorney At Law | James G. Maguire
    Yes to both questions, as long as the person designated is not otherwise disqualified: convicted felon, minor, etc.
    Answer Applies to: Louisiana
    Replied: 7/2/2015
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