# Wills and Estates



## BryansRose (May 25, 2009)

I've got to start looking into how to "get my affairs in order". I am living here permanently, and wish to be buried here, to avoid the cost of shipping a body back to Chicago. I'm going to be buying a cemetery plot here. 

I have assets both in Mexico and the US. 

Has anyone had any experience with wills and estate planning? I assume I need a Mexican lawyer to make a will, but do I need a US lawyer to handle transfer of assets in the US? 

Any idea where would be the best place to get more info on this? 

Thanks for any help.


----------



## TundraGreen (Jul 15, 2010)

BryansRose said:


> I've got to start looking into how to "get my affairs in order". I am living here permanently, and wish to be buried here, to avoid the cost of shipping a body back to Chicago. I'm going to be buying a cemetery plot here.
> 
> I have assets both in Mexico and the US.
> 
> ...


You will need legal assistance in both countries independently. A notario publico can draw up a Mexican will (testamento) for you. They are half price in September, if you want to procrastinate for a few months, you can save some money. 

I am no attorney, nor am I sure I understand what you mean by "transfer assets to the US". Your Mexican will will independently leave assets to beneficiaries. I don't know if you can transfer Mexican assets to your US estate for probate there, if that is what you are asking.


----------



## BryansRose (May 25, 2009)

TundraGreen said:


> I am no attorney, nor am I sure I understand what you mean by "transfer assets to the US". Your Mexican will will independently leave assets to beneficiaries. I don't know if you can transfer Mexican assets to your US estate for probate there, if that is what you are asking.


I meant that my money here, according to the will I would make, would need to be sent to beneficiaries in the US.


----------



## Hound Dog (Jan 18, 2009)

[_QUOTE=BryansRose;1173525]I meant that my money here, according to the will I would make, would need to be sent to beneficiaries in the US.[/QUOTE]_

An intreresting question, BR. 

Actually you, as we, need legal counseling. It is time to face this conundrum before we are all blathering about in the rest home wondering where we are as Nurse Kratchet brings us the day´s cockroach porridge. My wife is French and I am from the U.S. Should we die simultaneously, my wife´s sister, who is French and living in France, would be designated the executor of our wills. We have IRA accounts in the U.S. but our other assets are here in Mexico. We have Mexican but no U.S.or French wills. Of course. if we are both dead what the hell do we care but I would rather not feed the deep pockets of some shyster who would no doubt steal all he or she can before distributing the left over crumbs to any beneificiaries we may have wished to benefit by our deaths financially. We understand that fees for administering estates around here at Lake Chapala and probably all over Mexico are "negotiable" but may entail fees of up to 30% of the liqudiated estate proceeds or more so watch your butt. If you do not plan ahead for this, the cockroaches will eat your cheese whether you are here in Mexico or in Dubuque.


----------



## BryansRose (May 25, 2009)

Humorous and interesting, HD. 

What you're saying is that you, as well as I, don't know what to do. I think I'll talk to the US Consular Agent here in SLP and see if she can tell me what legal processes are involved, and where I should start. It _does_ seem that I'll need lawyers in both countries. 

Can't even die without paying lots of people too much money.


----------



## makaloco (Mar 26, 2009)

I made a will here in Mexico last fall, with Mexicans as executors. The relatives who will inherit my vast estate don't speak Spanish and wouldn't have the remotest clue what to do. The will itself mainly deals with who-gets-what and the appointment of executors, although it does specify cremation and that final expenses be paid from my local bank account. Details are in a letter of instruction to the executors and include relatives' contact info, medical insurance info in case of such expenses, and instructions to notify the US consulate so they can issue a death certificate. All I have in the US are financial accounts with designated beneficiaries, but they can't collect their windfalls without a death certificate. The fideicomiso for my property was done with the same notario and the executors have a copy of that, too.

As for logistics, I simply walked into the notaría and asked what to do. The nice lady in charge of wills talked to me about what I wanted, then gave me a form to fill out and said I should draft my instructions. I went back with all that, and a few days later, picked up my completed will. If you don't speak Spanish, you need a translator for all this.


----------



## BryansRose (May 25, 2009)

Many thanks, makaloco. This gives me a starting point.


----------

