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Mexican Law/Mexican Property Inheritance Laws Without A Will


My mother in law passed away  5 yrs ago without a will in Jalisco Mexico she had 1 house j just in her husband's name  the other was just a huerta  in both their names her husband was deceased  4 yrs prior to her death. My husband built a huge house on the "Huerta" property with 75% of his own money and had custom furniture, and household fixtures made for the entire house made, all with his own funds, we have receipts. There are 5 siblings 4 sisters, 1 brother, my husband being the 4th sibling, My husband passed away 1 yr ago in March and left a Trust which our eldest daughter is the Trustee of his Estate here in the United States and in Mexico, we have 3 children 2 daughters ,  1 son, are our children entitled to the house he had built in Jalisco ? His sisters are trying to exclude our children, claiming he has no share because he is deceased. His mother did tell my husband and my eldest daughter that she was leaving them the house since my husband, her Only male child had the house constructed for her. The sisters claim that there were rumors that my husband was Not a biological son of his mother's husband, not ever proven or disproven just gossip of a small town, does this affect his share, and/or our children's entitlement to the property in Mexico. My husband also had approximately 65 acres in his home town in Jalisco Mexico, his sisters claim is in their father's name which my husband is a Jr. We have receipts for purchase payments of the land long after the father had passed , the land was purchased by my husband who resided in the United States.  would my children be entitled to my husband's property in Mexico, my husband and I were divorced, I am not asking for myself ,only for what my children's entitlement, or rights might be if any, Thank You in Advance for your Advise and Assistance in this matter.

Dear Elena,

This sounds like a complicated case but I will answer as best I can.

Any share of the inheritance of you husband passes on to his heirs. So Yes, your children are entitled to his share and the sisters of your husband are mistaken when they say that the children have loose thier father's share.

Regarding the money invested in the house, it would be difficult to claim a larger share or reimbursement for the money invested.

Regarding the 65 acres, it should be easy to prove that your husband is the real owner and so that land would pass to your children.

The rumors that your husband was illegitimate have no affect at all. The only thing that matters is that his fathers name appears on your husband's birth certificate.

Hope this helps!

Lic. John Lee Ward
Cordoba, Veracruz  

Mexican Law

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John Lee Ward


I can respond to any question related to Mexican Law and common business practices in Mexico. I can also compare and contrast between the American and Mexican legal systems.


Licenciatura en Derecho from the Universidad del Golfo en Cordoba, Veracruz. (Cedula Profesional No. 5713238) Maestria en Derecho from the Universidad de Cristobal Colon en Veracruz, Veracruz. (Cedula Professional No. 6358321) Currently a Candidate for a Doctorado en Derecho from the Universidad de Cristobal Colon. 5 years of litigation experience in Mexico.

Bachelors in Electronic Engineering, California Polytechnic State Univ. Juris Doctor, Concord University in Los Angeles Licenciatura en Derecho, Universidad del Golfo, Mexico Maestria en Derecho, Universidad de Cristobal Colon, Mexico Doctorado en Derecho (In Progress), Universidad de Cristobal Colon, Mexico

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