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Mexican Law/Inheriting property in Mexico - through a Trust

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Question
My mom recently passed away.  She owns a home in Mexico (inland).  I am not aware if there is a Mexican Will drawn up or not, however she does have an Irrevocable Trust here is California that states the property should be held in a "Life Estate" for her companion to live in throughout his lifetime, pending he pays all taxes, maintenance, etc by her companion.  Upon his death or legal release, the property is to be transferred to her 4 children (all US citizens)for disposition as they see fit.

As of now, he has stated he does not want to move and live in Mexico, therefore my question is two-fold:

1) If he does not wish to occupy the property, what type of legal release do we need him to sign so that we can actually sell the property?

2) What is needed and how do we go about getting this property placed into the Trust so that he can live there if he so chooses.

Thank you

Answer
Dear Elizabeth,

There are a number of ways you can solve this problem. But, my intuition suggests this: If the companion does not want the property, best to ignore the US Trust and proceed with an intestate succession in Mexico. It will be simpler that way.

You can do a private contract to cover the case of him wanting to possess the property later on.

If you wish to discuss further, please email me. johnleeward@buholegal.com

Regards,

John  

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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