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Bill

Nov 30, 1919, 12:00 AM

Post #1 of 6 (4020 views)

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Estates, probate, etc. for those dying in Mexico

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For those of you who have had (U.S. citizen) loved ones die in Mexico, how did you settle the estate?Did you open probate in Mexico? Back in the U.S.?How about accessing retirement accounts such as 401(k) plans, IRAs? Any problems with a "foreign" death certificate when dealing with U.S.-based financial institutions?
(Did they ask for a tax release?)Did you need the death certificate to be apostilled?
Or was the "consular report of death of an American abroad" accepted?Any other pitfalls to avoid? Yes, I have a loved one who is an invalid down there so I face these issues in a few months or years.Thanks for any info!

Cynthia

Nov 30, 1919, 12:00 AM

Post #2 of 6 (4006 views)

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Mexican property and wills?

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If I own property in Mexico (outright, not in trust), is that land covered by my US will or do I specifically need to make out a will in Mexico? I am not (never have been) married and have one (minor) child who is my heir with my sister as custodian/guardian. Who makes up wills in Mexico? (ie, who do I look for--the notario who did the papers for the house? Thanks for your help. Cynthia: or those of you who have had (U.S. citizen) loved ones die in Mexico, how did you settle the estate?: Did you open probate in Mexico? Back in the U.S.?: How about accessing retirement accounts such as 401(k) plans, IRAs? : Any problems with a "foreign" death certificate when dealing with U.S.-based financial institutions?
: (Did they ask for a tax release?): Did you need the death certificate to be apostilled?
: Or was the "consular report of death of an American abroad" accepted?: Any other pitfalls to avoid? : Yes, I have a loved one who is an invalid down there so I face these issues in a few months or years.: Thanks for any info!

Abq

Nov 30, 1919, 12:00 AM

Post #3 of 6 (4010 views)

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Mexican Wills

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I was told my Notario that I would need a Mexican will to pass my Mexican property on. It's not that expensive and should cover your Mexican assets. He made it real broad to cover any other Mexican assets I might acquire. A separate U.S. will would cover all other assets.
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comt hiers: If I own property in Mexico (outright, not in trust), is that land covered by my US will or do I specifically need to make out a will in Mexico? I am not (never have been) married and have one (minor) child who is my heir with my sister as custodian/guardian. Who makes up wills in Mexico? (ie, who do I look for--the notario who did the papers for the house? Thanks for your help. Cynthia: 
: or those of you who have had (U.S. citizen) loved ones die in Mexico, how did you settle the estate?: : Did you open probate in Mexico? Back in the U.S.?: : How about accessing retirement accounts such as 401(k) plans, IRAs? : : Any problems with a "foreign" death certificate when dealing with U.S.-based financial institutions?
: : (Did they ask for a tax release?): : Did you need the death certificate to be apostilled?
: : Or was the "consular report of death of an American abroad" accepted?: : Any other pitfalls to avoid? : : Yes, I have a loved one who is an invalid down there so I face these issues in a few months or years.: : Thanks for any info!

Cynthia

Nov 30, 1919, 12:00 AM

Post #4 of 6 (4004 views)

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Follow up Mexican Wills

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So can I just go back to the notario who legalized the house papers, or do I need to find a lawyer who specializes in wills? Is this pretty standard stuff if the inheritance isn't complicated? Thanks...: I was told my Notario that I would need a Mexican will to pass my Mexican property on. It's not that expensive and should cover your Mexican assets. He made it real broad to cover any other Mexican assets I might acquire. A separate U.S. will would cover all other assets.
: ----------------:
: comt hiers: If I own property in Mexico (outright, not in trust), is that land covered by my US will or do I specifically need to make out a will in Mexico? I am not (never have been) married and have one (minor) child who is my heir with my sister as custodian/guardian. Who makes up wills in Mexico? (ie, who do I look for--the notario who did the papers for the house? Thanks for your help. Cynthia: :
: : or those of you who have had (U.S. citizen) loved ones die in Mexico, how did you settle the estate?: : : Did you open probate in Mexico? Back in the U.S.?: : : How about accessing retirement accounts such as 401(k) plans, IRAs? : : : Any problems with a "foreign" death certificate when dealing with U.S.-based financial institutions?
: : : (Did they ask for a tax release?): : : Did you need the death certificate to be apostilled?
: : : Or was the "consular report of death of an American abroad" accepted?: : : Any other pitfalls to avoid? : : : Yes, I have a loved one who is an invalid down there so I face these issues in a few months or years.: : : Thanks for any info!

Agustin

Nov 30, 1919, 12:00 AM

Post #5 of 6 (4004 views)

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Follow up Re: Mexican Wills

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contact me and I will give you some sugestions
Agustin

jennifer rose

Nov 30, 1919, 12:00 AM

Post #6 of 6 (4003 views)

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Estates, probate, etc. for those dying in Mexico

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Where the estate is probated depends upon where the assets are located, the nature and quality of the assets, and where the decedent was domiciled. This is a matter the decedent and his or her family should discuss with legal counsel. The decedent’s estate plan should be reviewed as well. Simply dying in Mexico – or Madagascar – doesn’t determine where the estate will be opened. Some US-based financial institutions will accept the Mexican death certificate, but many won’t. That’s why it’s best to obtain the Consular Report of Death of American Abroad from the consulate having jurisdiction over the place in which the death took place. http://travel.state.gov/deathrep.html That report is used in lieu of the foreign death certificate, eliminating authentication problems.See http://www.usembassy-mexico.gov/GeACSeme.htm#Deaths as well as the link below.