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Apr 19, 2011, 1:17 PM

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Death in Mexico

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Lost a friend last week. She had several caretakers in her final days. One of whom, was a man with dual citizenship (Mexico and US), the dying friend , in front of many witnesses, verbally bequeathed her vehicle to him. He is now driving it around, as it now "belongs" to him, but no paperwork, nothing. It is still in the name of the deceased.

My question is what are the possible consequences of him driving this vehicle and what, if anything can he do to get this US plated vehicle in his own name. I live in Jalisco, if that is important in this equation.

Thanks, T.

Rolly

Apr 19, 2011, 1:38 PM

Post #2 of 17 (2096 views)

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Re: [T] Death in Mexico

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If he gets caught, the feds can take the car. He needs a lawyer.
The fact that he is also a US citizen does not inter the equation.

Rolly Pirate

E-visit me http://Rollybrook.com
On Facebook as Rolly Brook

Apr 19, 2011, 1:51 PM

Post #3 of 17 (2079 views)

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Re: [Rolly] Death in Mexico

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I was pretty sure confiscation of the vehicle could occur. How would a lawyer help him, as there seems no way to transfer a US plated vehicle in Mexico and to make matters worse, the owner is deceased. What could an attorney do? T.

Rolly

Apr 19, 2011, 1:56 PM

Post #4 of 17 (2075 views)

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Re: [T] Death in Mexico

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Straighten out the ownership issue. Once the guy has a clear ownership, he can move forward with nationalizing the car, or taking it out of the country to sell it.

Rolly Pirate

E-visit me http://Rollybrook.com
On Facebook as Rolly Brook

Apr 19, 2011, 1:57 PM

Post #5 of 17 (2073 views)

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Re: [Rolly] Death in Mexico

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Part two. My oops. For purposes of driving this vehicle, he uses his FM3, as an American citizen, the same as the deceased had. It is my understanding that foreigners with the same Mexican credentials can drive each other's vehicles without the owner in the vehicle. Is this correct? T

rockydog85251

Apr 19, 2011, 2:11 PM

Post #6 of 17 (2067 views)

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Re: [T] Death in Mexico

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I was told to be by the SRE representative, that once you are nationalized, that when in Mexico - you are a Mexican citizen and cannot use your US citizenship for anything OR they can cancel your naturalization if they want to do so. Not worth the risk in my estimation.
Willie

chinagringo

Apr 19, 2011, 2:25 PM

Post #7 of 17 (2057 views)

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Re: [T] Death in Mexico

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Just how much different is this situation from the one with the BMW? The rules are the rules and they don't seem to change each time someone asks virtually the same question over and over. Or is this about Terry wishing to be the center of attention?
Regards,
Neil
Albuquerque, NM

Rolly

Apr 19, 2011, 2:26 PM

Post #8 of 17 (2056 views)

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Re: [T] Death in Mexico

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Since he has dual citizenship and is using his USA citizenship while in México, he will be in a heap of trouble if he gets caught.
The law is very clear for dual citizens -- you are a citizen of the country you are in at the moment, and you must not claim the other citizenship. The fact that a Mexican citizen has an FM3 is a clear violation of the law.

If he is a native born citizen of México, he will be in trouble but will not loose his Mexican citizenship. If he is a naturalized citizen of México, he could be stripped that citizenship. The USA has the same law.

Rolly Pirate

E-visit me http://Rollybrook.com
On Facebook as Rolly Brook

Apr 19, 2011, 2:27 PM

Post #9 of 17 (2053 views)

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Re: [rockydog85251] Death in Mexico

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Thanks for your response. What is SRE? In this case, my friend was born in the US with a Mexican father and a US mother, so he had dual citizenship since birth and was not nationalized in either country. Just inherited his birthrights for two countries. He is a Mexican citizen when he is here and a US citizen when he is there, and uses his paperwork for both countries on an as need basis. He is a very bright man and has multiple degrees from the University of GDL T

Rolly

Apr 19, 2011, 2:29 PM

Post #10 of 17 (2050 views)

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Re: [T] Death in Mexico

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It does matter how smart he is or how many degrees he has, he is still in violation of law.

SRE is the Mexican state department. They take care of citizenship issues among other things.

Rolly Pirate

E-visit me http://Rollybrook.com
On Facebook as Rolly Brook

(This post was edited by Rolly on Apr 19, 2011, 2:30 PM)

Reefhound

Apr 19, 2011, 3:07 PM

Post #11 of 17 (2022 views)

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Re: [T] Death in Mexico

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I don't live in Mexico but surely there must be some legal process for inheritance and distribution of assets upon death. The attorney would know that and how to go about getting his ownership legally recognized.

If he is a Mexican citizen how and why did he get a "FM3"?

richmx2

Apr 19, 2011, 9:36 PM

Post #12 of 17 (1931 views)

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Re: [Reefhound] Death in Mexico

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Reef's second question raises more questions, but one the first point — even a non-lawyer can tell you that receiving an asset means you own it, not that you have a right to use it. The new owner (leaving aside the question of whether a gift by oral testament is legally recognized) was that the original owner was the one granted the right to use that asset in Mexico. Not the new owner.

I can think of similar situations even when people both live in the same country: say, if a person gives their gun collection to someone who can't legally possess firearms.

http://mexfiles.net
http://voiceofmexico.com
http://editorialmazatlan.com

Rolly

Apr 19, 2011, 9:44 PM

Post #13 of 17 (1926 views)

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Re: Death in Mexico

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Am I the only one wondering if this whole thing is real?
Does this multi-national, multi-degreed, scoff law actually exist?

Rolly Pirate

E-visit me http://Rollybrook.com
On Facebook as Rolly Brook

robt65

Apr 20, 2011, 4:07 AM

Post #14 of 17 (1907 views)

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Re: [Rolly] Death in Mexico

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Hi Rolly,

Maybe it is him / her? Sounds like this poster really needs attention.

robt65

turnabout

Apr 20, 2011, 6:28 AM

Post #15 of 17 (1892 views)

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Re: [Reefhound] Death in Mexico

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I love it! The expert on everything that is wrong with Mexico, does not have an answer but still feels the need to write. Readers of the forum take note, this may be a milestone in recovering this Forum. I can only hope.

bournemouth

Apr 20, 2011, 6:38 AM

Post #16 of 17 (1882 views)

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Re: [robt65] Death in Mexico

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I think you've hit the nail on the head - and we're all providing the attention - we shouldn't feed the troll.

Reefhound

Apr 20, 2011, 7:14 AM

Post #17 of 17 (1868 views)

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Re: [turnabout] Death in Mexico

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"I love it! The expert on everything that is wrong with Mexico, does not have an answer but still feels the need to write. Readers of the forum take note, this may be a milestone in recovering this Forum. I can only hope."

The point of my post was to reinforce Rolly's suggestion to see an attorney.

What was the point of your post other than an unprovoked personal attack?