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Will valid in US

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Type up what you want and get it notarized in the US.  Keep in somewhere the person you want to find it can.  You can also put those kids on as beneficiary right at the bank (payable on death).  If your bank account is US Account, simple.  If in Mexico, you will also need to add their birth dates, and perhaps a bit more.

If you are unsure of wording for the will, you can get a sample on line and follow that.  It can also be amended (called a codicil) whenever you want.

Edited by Zeb
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You can go to Legal Zoom or someone like that and get it done cheaply.  

The simplest thing to do is to put both kids (or one if you trust just one of them) on the bank account.  When you die, they take over.  No will, no problem, nothing legal to probate.

My daughter is on all my accounts.  Can write checks, access the accounts, move money etc.  If something happens to me, she can handle everything from the US.  When I die, it all belongs to her, no fuss, no muss.....



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I've used LegalZoom on occasion and since it's all done online (until the signing of the final papers) it was easy and inexpensive; maybe try to put your kids on the account. A Bancomer rep told us a few months ago that the child had to be present with driver license and immigration status (FMM was fine.) 

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Easier than all of these, and cheaper, is a Holographic Will.

To do this, you have to write out exactly, in the Testifier's (person wanting the will done) own hand-writing.  All accounts must be listed precisely.  Beneficiaries are to be listed with contact info.  Beneficiaries do NOT witness the Will.  Two witnesses are required, not related to the Beneficiaries.  Be sure to get contact data for those who serve as witnesses (address, phone number, signature, spelled name, location signed, DATE, etc.). 

Any US court recognizes a Holographic Will.  If you have all supporting financial documents, keys to vaults, family photos, etc., there is no need to transport the person to the US just to do a Will. 

If travel will be bothersome, get a doctor's letter that travel will be bothersome.  End of story.

Having it notarized locally in Mexico, on a separate sheet of paper, validating the Will, may be helpful.

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States That Permit Holographic Wills

Roughly half of the states recognize holographic wills and will admit a holographic will to probate. While the number of witnesses varies, the admission of a holographic will to probate requires disinterested witnesses to testify that a holographic will is in the handwriting of the testator. As of November 2010, the states that permit holographic wills to probate include Alaska, Arizona, Arkansas, California, Colorado, Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.

States That Permit Holographic Wills for Active Military Only

In New York and Maryland, a holographic will is only valid if drafted by an active member of the U.S. Armed Forces that is serving in an armed conflict, or a member of the merchant marines. A holographic will drafted by such individuals is valid until one year after they finish serving active duty. Both New York and Maryland will not accept any other holographic wills to probate, even under their foreign wills statute.

States That Only Admit Holographic Wills as Foreign Wills

Some states do not accept a holographic will to probate that is drafted within the state, but accept a holographic will to probate that has been drafted in another state that permits holographic wills under their foreign wills provision. As of November 2010, the states that will only accept a holographic will to probate as a foreign will are Connecticut, Hawaii, South Carolina and Washington.

States That Do Not Allow Holographic Wills

Other states do not accept holographic wills in any form, even as a foreign will or for active military members. These states are Alabama, Delaware, Florida, Georgia, Illinois, Iowa, Kansas, Massachusetts, Minnesota, Missouri, New Hampshire, Ohio, Oregon, Rhode Island, Vermont and Wisconsin.


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