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Mexican Law/re: Transfer of property from deceased in Mexico to family member in USA


Both grantor and grantee need to sign real estate deeds in Mexico.  
Hello Mr. Mc Mulen,

I had asked you about what my husband needed to do regarding getting his mother's house put into his name. His father's name is oon the deed and my husband is not listed as the beneficiary. This was your answer to me below: However, I do have a another question if  you don't mind...Who needs to sign the power of attorney? my mother in law or my husband? Also can a regular notary public from here draft up that POA or does it have to come from the Mexican Consulate? Just to be clear on what I need, my mother in law needs a letter from my husband in order to give to her attorney in Mexico to tranfer the name of her house, it was in the name of her deceased husband, to be in the name of her son (my husband).

Your previous answer to me:
If one party is not in Mexico and needs a power of attorney there are three options:

1)  Sign a power of attorney (poder) at the nearest Mexican consulate prepared by them
2)  Sign a power of attorney prepared by the Mexican notary at the Mexican consulate
3)  Sign a power of attorney prepared by the Mexican notary in front of any notary public in your state and then get an apostille from your state's Secretary of State.


What are your plans for the house?  Your mother in law can put your husband as the beneficiary in case your MIL does or would that not work?  Any transfer will generate closing costs and taxes and they may run 5% the price of the home so if no rush then your MIL can put the home in her name and designate your husband as beneficiary.

If you do have your reasons for wanting to place it in his name then the power of attorney should be one for Actos de Domonio and many consulates can prepare them or the better practice is to have a Mexican Notary draft it, preferably the one who will be doing the transaction and preparing the final deed.

If your mother in law will grant the property to your husband and he will not be present at the closing in Mexico then he needs to sign the POA authorizing another to accept the property on his behalf.  

Hope this clears up your questions if not feel free to clarify your situation and provide more details based upon my answers.

Best wishes

Lic. Spencer McMullen

Mexican Law

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Lic. Spencer Richard Mc Mullen


All general law questions regarding Mexico. Birth / Death / Marriage certificates / Apostilles as well as real estate documents from the State of Jalisco and dual nationality. Licenciado en Derecho (Mexican law degree) Cedula 7928026 / Estatal 114067), Postgraduate Specialty Degree and 8 postgraduate diploma degrees, official Jalisco State Court Translator (Perito Traductor), US Consulate and Guadalajara Municipal Translator


Law degree, specialty degree, postgraduate courses, intern for 3 years in State Civil Court in Chapala, Jalisco, interned 1 year in Jalisco State Supreme Court, extensive ongoing continuing education, past and present litigation in all types of courts (Federal, State, District, Agrarian, Criminal, Administrative, Tax, Business, Family, Civil, Unitarian, Appellate, Municipal), Internship in a Notary Public office

Barra Mexicana de Abogados, ANADE Colegio de Abogados, Mexican Translators Association, Colegio de Abogados de Derecho Fiscal y Administrativo del Estado de Jalisco, Colegio de Abogados de Chapala,

Yuculandia, Informador, Lake Chapala Reporter, Guadalajara Reporter,,, Good Morning America, ABC News Texas, Various online news sources,

Licenciado en Derecho (Law Degree) - Universidad America Latina, Especialidad en Derecho Procesal Civil y Mercantil (Specialty Postgraduate Degree) - Universidad Panamericana, Jalisco State Judicial Council Authorized Court Translator, Municipality of Guadalajara Authorized Translator, Federal Banking and Insurance Commission Arbitrator, Postgraduate diploma course in Condominium Administration, Postgraduate diploma course in Procedural Law, Postgraduate diploma course in Contractual Law, Postgraduate diploma course in Human Rights and Extraordinary Constitutional Writs, Postgraduate diploma course in Administrative Law, Postgraduate diploma course in Notarial Law, Postgraduate diploma course in Corporate Law, Postgraduate diploma course in Municipal Law, Certified Attorney ANADE Colegio de Abogados 2013, 2014, 2015 Mortgage Agent Certification - Mexican Association of Financial Intermediaries, California Real Estate Broker License US Federal Mortgage License Various courses in civil, business and tax law

Awards and Honors
Certified Attorney ANADE Colegio de Abogados 2013, 2014, 2015

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Large corporate clients as well as individuals and estates

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