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Mr. Ingram,
I've asked a few others and can't find a clear answer.
Since you have a lot of experience dealing with Canada-US
matters, I hope you don't mind me running this by you.
My wife and I are setting up our legal will.
When choosing the Executor, Trustee, and Guardian for the children
can any or all be located outside of Canada?
In particular, two parties that we are considering are located
in Ontario and in Washington. All are Canadian citizens.
Thank You
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david ingram replies:
I received two emails yesterday which "tongue in cheek" I am sure, addressed me as "Dear Abby"
"Dear Abby", who I met with her sister Ann Landers in Toronto in about 1978 was famous for getting the answer from an expert.
In this case I went to David Stoller who handles a lot of out of country deaths and always seems to have some weird estate deal going on in France or Germany or a reservation in South Dakota or Arizona.
I sent the question to David and enclose his answer.
Having being involved in a couple of hundred of these myself, I can say that every one is different. However, most of the time if the requests are reasonable and clearly set out, whatever you decide will be done. It is not unusual at all for the guardians of infant children to live in another geopolitical area. Many of us have our families in another area and if we were wiped out would want our children to go back to our sister in Wheeling West Virgina.
The biggest caveat that I could put on would be to make sure that your sister in Wheeling knows that you have named her the guardian.
David Stoller practices in the same building at 801-100 Park Royal South in West Vancouver. His phone number is (604) 922-4702. His lawyerly answer follows.
----- Original Message -----
From: David Stoller
To: David Ingram at home - bus at [email protected]
Sent: Wednesday, November 19, 2003 10:27 AM
Subject: RE: Guardians outside BC/Canada in a Legal Will?
The issues raised are both current and relevant to today's mobile society.
The will prescribes the party(ies) that will be the Executor and trustee, be it a human being or a corporation. If the executor/trustee is located outside of Canada, it will be treated as a foreign entity for estate and taxation purposes. The court may request that a bond be provided at the time that the foreign executor/trustee is appointed. One should always look at the practical aspects of a foreign executor/trustee.
Parents can chose the guardian. The courts where the infant is situated always have the final say as to who will be the guardian. There is a practical issue regarding foreign guardians. If the infants are to stay within the jurisdiction that they reside, a foreign guardian will have difficulty performing their obligations.
Each case has to be reviewed on its own facts.
Regards,
David Stoller
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David Ingram's US/Canada Services
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Res (604) 980-3578 Cell (604) 657-8451
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Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included."
Be ALERT, the world needs more "lerts"
This from "ask an income tax and immigration expert" from www.centa.com or www.jurock.com or www.featureweb.com. Canadian David Ingram deals daily with tax returns dealing with expatriate:
multi jurisdictional cross and trans border expatriate problems for the United States, Canada, Mexico, Great Britain, the United Kingdom, Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan, China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, American and Canadian and Mexican and any of the 43 states with state tax returns, etc.
Your name has been added to our email list because of an enquiry we have received, we may not answer your question but
another similar question will be as we lump them.
You may find more answers at www.centa.com
David Ingram of the CEN-TA REALTY Group
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
(604) 980-0321 - Fax 913-9123 [email protected]
www.centa.com www.david-ingram.com
Dealing with people from:
Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Deleware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri,i Montana, Nebraska, Nevada, New Hamshire, New Jersey, New Mexico,New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon. Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virgina, West Virginai, Wisconsin, Wyoming,
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