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Mexican Law/Deed on Mothers house

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Question
Hope you can help me.  It has taken over 2 years to have my name and my siblings names put on my mothers house deed.  She passed away 2 years ago.  I now want to sell the house and the attorney says the cost for the name change is $68,000.00 dollars.  Really?  We feel stuck because we cannot sell the house until we get this deed.  Does it usually take 2 years?  Is it usually so expensive? Thanks for your time.
Norma Hilliard

Answer
Hi Norma,

I assume that the 2 years is the time it took to do probate before a Judge. I also assume that the $68,000 dollar figure is what you would have to pay to a Notario to put the house in the name of you and your siblings based on the judicial resolution which resolved the estate of your mother.

In Mexico, Notario's typically charge a percentage of the value of the home for thier fee. There is also a transfer tax and other miscelaneous fees. The transfer tax is a local tax and is typically around 1%. There is no inheritance tax in Mexico.

The fee that a Notario charges is negotiable. It can be as high as 20%. I would imagine that the lawyer is quoting you a 20% fee which would put the value of the house at around $250,000 or something between 3 and 4 million pesos.

If I were you, I would shop around. If any of my assumptions are incorrect, feel free to follow up.

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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