# So what does 'opening' a Mexican will mean ?



## MangoTango (Feb 8, 2020)

I am still trying to get some 'legacy' provisions stricken from my wife's will.

When we wrote the will it was all about what mine is hers and what is hers sort of deal - but the notary reads it differently. There area 3 'legacy' clauses in my wife's will. 130,000 pesos for the executor - who is on vacation out of town the last two weeks, 250,000 pesos for the person willing to take on our three remaining cats and keep them happy/healthy and together AND apparently half the ownership in our house to the Shriner's hospital in Polanco. All of that was our intention if we both passed together in a tragic accident. Why would we EVER have these provisions in a will where one of succeeded the other ??

Our executor could care less of her 130,000 pesos. I am the keeper of the cats. BUT the notary wants to give half our house to the Shriner's hospital ! I've been in contact quite a bit with the Shriner's (in the US) and they understand our intentions but the Mexican notary says 'this is Mexican law'. We are still trying to work out this situation.

So - one lesson I have learned from all this is choose your friends carefully. We have no family and whatever friends we have are very casual. Ultimately I think I would like to give ALL our American/Mexican holdings to the Shriner's hospital in Polanco (with a small portion to the gardener and other people who have been with us over the years). BUT - I would like it to be my choice) . 
Any thoughts appreciated.


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## Stevenjb (Dec 10, 2017)

May be you can have a provision in the willing of the estate to Shriner's hospital, that to are allowed to remain in the house, rent free, until your passing -- then they can have the house.

Sent from my Lenovo TB-8705F using Tapatalk


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## eastwind (Jun 18, 2016)

Perhaps Shriners will agree to 'refuse' the donation? Then would the refused half boomerang back to you? That would enable you to sell the house, move, buy another and put _that _one in Shriner's name as the beneficiary (using a better notary I might add).


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## MangoTango (Feb 8, 2020)

@eastwind,
That is the route I am trying to take, and I must say the Shriner's have been very understanding and cooperative. The lawyer even wrote a nice letter renouncing any interest in my wife's estate or the house. THAT still was not enough for the notary who wrote his own letter (in Spanish) and sent it back to the US (for translation and to have it notarized). Of course the US will need to send it to Mexico City for translation... I, also, am having the one page letter translated here in Mexico and should have it tomorrow morning. At this point I truly feel that the Shriners (and myself) are being abused... I don't know what to expect next. It is the lawyer for this notary who advised (before my wife's passing) that we leave the house in both of our names...


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## eastwind (Jun 18, 2016)

Perhaps you should do a sit-down with another notary, just to get a second opinion on whether the guy is playing fair. It's not clear to me that once a notary 'opens' a will (I guess that corresponds to 'reading' it in English, or puts it into effect) that you can jump ships if you don't like the result. Was this the guy who originally wrote the will? Or just someone who advised you a few months back without reading it?


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## MangoTango (Feb 8, 2020)

I have met with one other notary - he spoke no English - but I was with the 'executor' of the will (who is on vacation at the moment.
That notary seemed a little more cordial but he also said that the Shriners would need to renounce the 'gift'.

I heard from the Shriner's lawyer in the US today'. "I am still working on reviewing the letter sent by Mr. X.. I’ll have our response as soon as possible. "
That response has me a little concerned...

The realtor - who was involved with the last meeting at the notary's office - read the letter sent to the US and said she did not see any problem with it...

I do have a 1PM meeting tomorrow. setup through a friend, with a successful businessman who may have some advice.

Yes - in an ideal world I would like to sever my association the the notary who wrote the wills.


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## eastwind (Jun 18, 2016)

Good Luck!


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## MangoTango (Feb 8, 2020)

I have asked the lawyer in the US to hold off responding to the Mexican notary (in hopes I walk away from him).

My 1PM meeting tomorrow has been moved up to 11AM (for breakfast).

With luck I will have a meeting with a more friendly notary at some point on Thursday.

I swear - this is my last house...


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