Mexican Law/inheritance

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Question
An American citizen passed away in Slovakia 2 months ago. He left a wife (Mexican citizen, living in Mexico) and a daughter (American citizen, living in Austria) behind. The deceased's last place of residence was in Mexico. His will is invalid (not notarized and not hand written). He had a house in Slovakia and assets in Austria, Slovakia, US, and Mexico. To my knowledge, a court decision about the inheritance is needed. How would the assets be divided between the wife and the daughter? What are the procedures to receive a document with the court decision?

Many thanks!

Answer
Maria,

The laws of instestate sucesion is State law in Mexico. The split between a widow and children depends on the State. But generally there are two formulas. In some states, the widow and each child receives an equal share. In other states, the widow receives half and the rest is divided between the children.

To settle the estate, a relative needs to "denunciar la sucesión" or initiate probate before a local civil judge (normally a Juez de Primera Instancia).

Hope this helps,

Lic. John Lee Ward
Córdoba, Veracruz  

Mexican Law

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John Lee Ward

Expertise

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.

Experience

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.

Education/Credentials
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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