cedros Posted August 22, 2013 Report Share Posted August 22, 2013 Does anyone know the proceedure and any pitfalls when one of the co-owners of a Mexican property dies? He died in Canada so I assume I have to wait to start any action until I get the Canadian death certificate which takes about 4 months. Link to comment Share on other sites More sharing options...
bwhite1948 Posted August 22, 2013 Report Share Posted August 22, 2013 Depends on two things to start with. The deed to the house and how the exact ownership was titled (co-owner or beneficiary). The Mexican will; it should spell out the disposition of the house. I suggest you take the Mexican will and house title to a local attorney while you await the arrival of the Canadian documents. Maybe others can recommend attorneys if you do not have one. I have heard stories of extended probate in Mexico for property, one I know of took over a year, but not sure why it took so long. Link to comment Share on other sites More sharing options...
canmex87 Posted August 22, 2013 Report Share Posted August 22, 2013 Does anyone know the proceedure and any pitfalls when one of the co-owners of a Mexican property dies? He died in Canada so I assume I have to wait to start any action until I get the Canadian death certificate which takes about 5 months. Canadian death certificates that I had reason to obtain were available almost immediately. Link to comment Share on other sites More sharing options...
cedros Posted August 22, 2013 Author Report Share Posted August 22, 2013 Canadian death certificates that I had reason to obtain were available almost immediately. You apply for an Ontario death certificate at Service Ontario where they tell you it takes 12 weeks. Then probably another month to get to Mexico. Link to comment Share on other sites More sharing options...
cedros Posted August 22, 2013 Author Report Share Posted August 22, 2013 Depends on two things to start with. The deed to the house and how the exact ownership was titled (co-owner or beneficiary). The Mexican will; it should spell out the disposition of the house. I suggest you take the Mexican will and house title to a local attorney while you await the arrival of the Canadian documents. Maybe others can recommend attorneys if you do not have one. I have heard stories of extended probate in Mexico for property, one I know of took over a year, but not sure why it took so long. I was co-owner and beneficiary. Link to comment Share on other sites More sharing options...
Canuck Posted August 22, 2013 Report Share Posted August 22, 2013 You apply for an Ontario death certificate at Service Ontario where they tell you it takes 12 weeks. Then probably another month to get to Mexico. From the Service Ontario Site: Service guaranteeIf you choose the online service, processing time is 15 business days plus delivery by regular mail or your money will be refunded. If you choose premium online service for an additional $30 per certificate, your certificate will be 5 business days including delivery by courier or your money will be refunded. Link to comment Share on other sites More sharing options...
RVGRINGO Posted August 22, 2013 Report Share Posted August 22, 2013 You will need the death certificates in hand, then visit a notario with the escritura and all of your personal documents. It would probably be wise to use the notario who prepared the escritura. Link to comment Share on other sites More sharing options...
cedros Posted August 22, 2013 Author Report Share Posted August 22, 2013 From the Service Ontario Site: Service guarantee If you choose the online service, processing time is 15 business days plus delivery by regular mail or your money will be refunded. If you choose premium online service for an additional $30 per certificate, your certificate will be 5 business days including delivery by courier or your money will be refunded. If you go through the process as you get towards the end of it you will see that doesn't apply to mailing addresses in Mexico. It says 12 weeks. Link to comment Share on other sites More sharing options...
Alegria Posted August 22, 2013 Report Share Posted August 22, 2013 I have heard that when one of the co-owners dies, the surviving one must pay inheritance tax on half the property. Does anyone know if this is true, and if so, how is this amount determined? Link to comment Share on other sites More sharing options...
traderspoc Posted August 23, 2013 Report Share Posted August 23, 2013 its not inheritance tax, it has another name its the fees you pay to transfer property totally in your name and get a new title Link to comment Share on other sites More sharing options...
joco69 Posted August 23, 2013 Report Share Posted August 23, 2013 Thats the beauty of buying your property in trust despite the 400 - 500 dollars annual fee. The property is transfered within 24 hrs to the other owner, no hassle, no probate. Its something to consider for people not married. You also put a third person into your trust that will inherit the property if both owners die at the same time. Link to comment Share on other sites More sharing options...
Canuck Posted August 23, 2013 Report Share Posted August 23, 2013 If you go through the process as you get towards the end of it you will see that doesn't apply to mailing addresses in Mexico. It says 12 weeks. Then simply have it mailed to a friend in Ontario and they can courier it down. They still process within 15 business days. Link to comment Share on other sites More sharing options...
Bourbonman Posted August 23, 2013 Report Share Posted August 23, 2013 A Notario is the person to answer and execute. Link to comment Share on other sites More sharing options...
cedros Posted August 23, 2013 Author Report Share Posted August 23, 2013 Then simply have it mailed to a friend in Ontario and they can courier it down. They still process within 15 business days. Sorry I wasn't clear so I went throught the Service Canada site again and ordered another one (my 4th one). Those quotes about having it done in 15 days etc. only apply to deaths that occurred awhile back. When someone dies it takes months to put the information onto the Service Canada site. So now I have ordered 2 sent to my Canadian address and two to my Mexican address. Both say it takes 12 weeks but of course we know how the Mexcian mail is so those ones will take longer. Link to comment Share on other sites More sharing options...
cedros Posted August 23, 2013 Author Report Share Posted August 23, 2013 A Notario is the person to answer and execute. Of course. But it doesn't hurt to get some first hand information from people who have gone through the process before talking to a lawyer/notary to make sure they are giving you the straight goods. Link to comment Share on other sites More sharing options...
Mainecoons Posted August 23, 2013 Report Share Posted August 23, 2013 If you are a co-owner why would you have to probate the house? Wouldn't you just have to produce a death certificate at the time you sold the house so that the deceased wouldn't be expected to sign off on the transfer as well? Link to comment Share on other sites More sharing options...
jguerin Posted August 23, 2013 Report Share Posted August 23, 2013 Well, when my husband died. I had to go to see a notario before selling my house. even with a will and both names on the house and being married. It cost me around 33Mil Pesos do take his name out of the deed......j. Guerin Link to comment Share on other sites More sharing options...
Intercasa Posted August 23, 2013 Report Share Posted August 23, 2013 First it will depend if the decedent was your spouse and if there was a beneficiary clause in the deed. If not a spouse or if no beneficiary clause then a probate case will need to be done. A death certificate will be required as well as having it authenticated in both cases. I would be happy to help if needed, we have quite a few probate cases going presently. Link to comment Share on other sites More sharing options...
Mainecoons Posted August 23, 2013 Report Share Posted August 23, 2013 I thought Notarios had to do probate cases? Link to comment Share on other sites More sharing options...
Intercasa Posted August 23, 2013 Report Share Posted August 23, 2013 Notaries do wills but fewer litigate, attorneys litigate the probate cases and file them with the local civil court and do the hearings as well as other necessary paperwork. In the event a home has a beneficiary clause where the spouses leave the property to each other or have a beneficiary clause leaving the property to parents or children then the whole process can be done with a notary without the need for court intervention. Link to comment Share on other sites More sharing options...
Sunshine Girl Posted August 24, 2013 Report Share Posted August 24, 2013 I was the executrix for an estate 2 years ago in BC. It took 4 days to get the death certificate which was issued by the funeral home. I don't think it could possibly take 4 months, as nothing can be done to process the estate without it.Are you dealing directly with the executor?? Link to comment Share on other sites More sharing options...
cedros Posted August 24, 2013 Author Report Share Posted August 24, 2013 I was the executrix for an estate 2 years ago in BC. It took 4 days to get the death certificate which was issued by the funeral home. I don't think it could possibly take 4 months, as nothing can be done to process the estate without it.Are you dealing directly with the executor?? I am the executor. If you don't believe it takes 4 months to get a recent Ontario death certificate try it yourself here on a specific recent death http://www.ontario.ca/government/death-certificate and that site will tell you near the end of making the application that it will take 12 weeks. Try arguing with the official government site. I was in Vancouver last week starting probate on the Canadian assets and I asked the lawyer if they can get a recent death certificate faster that I from Service Ontario. He replied no. Link to comment Share on other sites More sharing options...
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