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Croaking internationally--last will and testament

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I have various assets in Mexico, such as houses, which I want to leave to m y Mexican family. I am going though a notario to do this and all seems straightforwrd.  I also have a home in the US, in W. Va., which I want to leave to my biological childen in the US. The notario advises me also to have a US  will dealing specifically with this house. I presume that I need to get a will under W.Va. law for the house only and make sure it does not revoke all previous wills, which might mean the Mexican will. I can't be the first person Lakeside to have this situation. If anyone can tell me anything that I might need to do, I would much appreciate it.

 

Thanks.

 

 

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This gets very complicated and I was led by my US attorney for my US assets and a Mexican Notary or an attorney for my Mexican assets to create all of the documents needed in each country, only one of which is a will.

If you are a member of the Lake Chapala Society they have a great information package available listing what is most often needed and information sheets you should fill out, should you be found unconscious or dead here in Mexico.

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For starters, you might want to refer to Intercasa's well written explanation of "How to Die in Mexico" which is pinned in the Mexico General section of this forum.

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I agree, talk to a lawyer.  That said there is a relatively new concept in the US, called a Transfer On Death deed.  Not all states have adopted it, but WVA has.  You change the deed to comply with the TOD laws and it transfers the property immediately after death, no probate.   

Make sure you ask whomever you speak with about this option.

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It is really quite simple. Have a will in the US for your American assets and a will in Mexico for your assets here. There really is no connection between the two.

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I have a connection between the two. The executor of my will in Mexico for example is instructed to inform my US relatives and the executor of my US will  should I be discovered dead in Mexico and visa versa.

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1 hour ago, Jreboll said:

Transfer on Death deed?  What are the tax ramifications?

Talk to a tax person?

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5 hours ago, cedros said:

It is really quite simple. Have a will in the US for your American assets and a will in Mexico for your assets here. There really is no connection between the two.

Yep.  I own real estate in several different countries in South America and I have a last will and testament in each country for those specific properties.   I'm not sure about Mexico but several countries don't even respect US wills and you have to have one in that country.

Yet other countries are really old school and you can't really write out relatives for real estate so always good to consult an attorney that specializes in this.

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It is really quite simple. Have a will in the US for your American assets (spell them out in the will) and a will in Mexico (spell out the Mexican assets) for your assets here. The two should be quite separate. The US will should have no affect on your Mexican assets and vice versa. I went through this several years back. Very straight forward. You seem to be trying to make it too complicated. I and early retirement gave specific answers.

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It's even simpler than that.  Get legal questions answered by a lawyer rather than a web board.  Much more reliable answers.

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Im happy to meet with you to plan so that you can make a new will in Mexico for assets here while not interfering with any other will made.  We work with various notaries who do bilingual wills.

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yes, yes, yes, the OP probably knows to consult a lawyer and not to rely on advice from a forum, but it also sometimes helps to get experiences from other folks who are in similar situations, if for no other reason, it might help in forming questions that one might ask a lawyer.  My husband and I have a Mexican will and a US will, both of which reference the fact that all assets located in Mexico shall be governed by the Mexico will and all assets located in the US shall be governed by the US will.   This helps clarify any doubt about which will applies to any given asset.  I have seen any number of wills that don't do this, and as a retired attorney, my instinct is to make it crystal clear.

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22 minutes ago, Linda B Pierce said:

yes, yes, yes, the OP probably knows to consult a lawyer and not to rely on advice from a forum, but it also sometimes helps to get experiences from other folks who are in similar situations, if for no other reason, it might help in forming questions that one might ask a lawyer.  My husband and I have a Mexican will and a US will, both of which reference the fact that all assets located in Mexico shall be governed by the Mexico will and all assets located in the US shall be governed by the US will.   This helps clarify any doubt about which will applies to any given asset.  I have seen any number of wills that don't do this, and as a retired attorney, my instinct is to make it crystal clear.

It must be done how you describe. It is so obvious.

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