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kimanjome

Does a Mexican WILL work in the US?

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My will and that of my husband are 20 years' old. We've been told that wills have to be updated every 10 years or in the US to valid. Wondering if a Mexican will 1) prepared by a notario 2) is valid in US for US assets?  Because we are Permanente it makes sense to do the wills here in Mexico, right? Or can we get a US lawyer to prepare them remotely? Not heading back to the US anytime soon.

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I would update the will since it has been 20 years.

You can add a residuary clause onto your Mexican will without getting a US will.

Notario or an attorney who legally practice law in Mexico (rather than attorneys from US who live here).

If you have quite some to leave to the beneficiaries, I think it's better to have separate Mexican will and US will to make things less complicated.

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 https://mexlaw.ca/will-inherit-property-mexico/

" A foreign Will is legally valid in Mexico. However, it is inconvenient and it can be costly to have it recognized and acknowledged in this country. The process to have a foreign Will recognized in Mexico is as follows, the steps need to be done consecutively and in order: the Will needs to be probated in the jurisdiction or residence of the deceased; once probated, the Will must be legalized in Canada, or apostilled by the Secretary of State in the United States. Other countries have the same process but different government authorities will have the documents apostilled. "

I might guess a Mexican will is valid in another country where there are assets but might be difficult to execute there. We have two wills with no mention of foriegn assets in either country. We don't want to complicate matters unnecessarily.

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In France  a notario told me to have a French and Mexican will, t makes it simpler She told me to have the French will cover the French assets and the Mexican will the Mexican assets. Having a beneficiary also simplify things. 

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I agree with Bridget and have a Canadian will for Canadian assets and a Mexican will for Mexican assets. Both wills are in the hands of the beneficiary.

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You can also use POD and TOD (Payable and Transfer On Death) on US bank accounts, investment accounts, IRA's (and even real property in some states).  No will is needed and you AVOID probate!  Talk to your US bank and financial institution.  

https://www.thebalance.com/what-is-a-payable-on-death-or-pod-account-3505252

https://www.thebalance.com/using-transfer-on-death-accounts-to-avoid-probate-3505416

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We have always played it safe and had a wills for both countries.  US assets on US will and Mexican assets on MX will.  And yes, after that many years have passed I would get new US wills drawn up.  Rules and laws change.  Also, depending on the state you may need to have the US wills notarized and witnessed.  Years back a Texas based will had to be filed with the state somehow.  They don’t do that now.  I email our TX attorney every few years to say hello and see if laws have changed and we need to update things.  But then, I’m not retentive, I just like things tidy!

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13 hours ago, Bisbee Gal said:

You can also use POD and TOD (Payable and Transfer On Death) on US bank accounts, investment accounts, IRA's (and even real property in some states).  No will is needed and you AVOID probate!  Talk to your US bank and financial institution.  

https://www.thebalance.com/what-is-a-payable-on-death-or-pod-account-3505252

https://www.thebalance.com/using-transfer-on-death-accounts-to-avoid-probate-3505416

Thanks for the reminder--we have no real estate, only bank and investment accounts, so will go through and check all of them. 

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