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Mexican will. Is it valid in California?

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Mexican will. Is it valid in California?

Post by papa chango on Sat Oct 25, 2014 4:29 pm

Mexican will.  Is it valid in California?

I have assets in the United States and in Mexico. If I get a notario to write a will for the disposition of these assets, will I need a US Attorney too?  The Mexican assets will probably go to Mexicans and the US assets will go to US citizens.

Thanks for any information on this situation.

mariachi
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Re: Mexican will. Is it valid in California?

Post by CanuckBob on Sat Oct 25, 2014 5:02 pm

I don't think any will written in one country is valid for assets in another. When we bought our property here we were instructed to have a Mexican will as the Canadian one doesn't mean diddly squat. I'm sure Spencer will chime in.
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Re: Mexican will. Is it valid in California?

Post by Rolly on Sat Oct 25, 2014 6:07 pm

Yes, foreign wills are valid, but probate gets so complicated that it's not worth it.  Better to have a will for each country.
You can learn more here: http://rollybrook.com/wills.htm
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Re: Mexican will. Is it valid in California?

Post by borderreiver on Sat Oct 25, 2014 6:32 pm

Really good info Rolly. You Rock. Thanks.

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Re: Mexican will. Is it valid in California?

Post by CanuckBob on Sat Oct 25, 2014 7:10 pm

Interesting, we were told by the Notorio that we needed Mexican wills to cover our real estate down here. He said the Canadian one would be worthless.
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Re: Mexican will. Is it valid in California?

Post by Intercasa on Sat Oct 25, 2014 9:03 pm

It is easier to have a will in each country to avoid problems as the issue is not necessarily the validity of the will but using it to transfer real estate. I have used Mexican wills to transfer US bank accounts but when real estate is involved it gets tougher. Mexico is much stricter and it is best to use beneficiary clauses for real estate and bank accounts as well as have a will in each country where you have property.
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Re: Mexican will. Is it valid in California?

Post by manymoonsago on Sun Oct 26, 2014 3:29 am

Rolly and Spencer are right on point. In the U.S., state courts may assume jurisdiction over personal property (financial accounts, tangibles such as clothing, furniture and furnishings) wherever they are located within the U.S. but may assume jurisdiction over and make decisions only regarding real property (land) located within that state. Thus, someone living in Arizona who dies leaving land/oil interests in Oklahoma will leave his heirs with the problem of filing probate proceedings in Oklahoma to clear title to the land/oil interest there. Trusts drafted in the U.S. may ease some of the burden but can, if not properly drafted, executed, and funded make the process even more complicated. So, if this is the case in the U.S. -- under U.S. drafted wills and trusts and deeds and assignments -- just imagine how tough it gets if the Trust/Will is executed in a foreign country and purports to govern land interests in the U.S..
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Re: Mexican will. Is it valid in California?

Post by gvprod on Tue Oct 28, 2014 9:56 pm

for US go to www.legalzoom.com
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