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kimanjome

How to do a Will for US assets while living in Mexico?

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Even though I live in Mexico I have assets in the US and a (kind of, at my parents' home) permanent address in Florida  

How do I  prepare a Will for my US assets while I am here in Mexico?  On the signing of the Will it asks for my address, can I use my current location in Mexico?  Will the US Consulate notary want it to have my US address--which is not where I will be when having the Will witnessed and the US Consulate notary is located at the time of the Will signing and notarization, ie, Ajijic?

I am assuming the US Consulate Notary can do this, correct?  Or if not, do I use a Mexican Notario?  

I'm not the first to be in this situation.  What have others done?

 

 

 

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Clarification: we want a separate will for the US.  We do NOT need a Mexican will.  The only asset here  is our house, and we already have written arrangements for that written into the deed, at the time we closed. Under Mexican law the house goes to the surviving spouse, and then, should the surviving spouse die, the house defualts to the name of the heir written into the deed. 

We want to cover our US assets ONLY and we want to do a will for the US.

 

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There is more than one option.

(1) You can write a US will yourself.  I have an old one which I modified several times .  This is called a Codicil.  You could or get a sample from someone to copy the types of information you will want in it.

(2) You get get a US attorney to do it remotely.

In either case, you will need two witness signatures with a US Notary to place a seal.

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16 hours ago, Zeb said:

In either case, you will need two witness signatures with a US Notary to place a seal.

It is very important that the two witnesses and the notary all present at the same time during the signing. No relatives can serve as witnesses.

Otherwise, the will is invalid.

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5 minutes ago, Lily H said:

It is very important that the two witnesses and the notary all present at the same time during the signing. No relatives can serve as witnesses.

Otherwise, the will is invalid.

Yes.  That is correct. Thanks for clarifying what I wrote.

Edited by Zeb
Addition.
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Okay, I am online using a site called ExpatWills.com and preparing a will for assets in the USA.

Question:  the template is asking for my address.  I am assuming that means where I live now in Mexico, correct?  Even though my assets are in the US, I vote in the US, my mailing address is in the US, and I am here only on a Temporary Visa ("the 5-year plan").

So, how would I know where in the US this will should be probated? What state?  Where I used to live and still have ties, or where my mail is sent?

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37 minutes ago, kimanjome said:

Okay, I am online using a site called ExpatWills.com and preparing a will for assets in the USA.

Question:  the template is asking for my address.  I am assuming that means where I live now in Mexico, correct?  Even though my assets are in the US, I vote in the US, my mailing address is in the US, and I am here only on a Temporary Visa ("the 5-year plan").

So, how would I know where in the US this will should be probated? What state?  Where I used to live and still have ties, or where my mail is sent?

Where the assets and US residential/mailing address is [if the same as Canadian law]

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Thanks,  I just looked at the sample will  for an expat living in Canada but having assets in the USA,  and it shows this: 

"I, Mr. John Peter Smith, residing in Toronto, Ontario, Canada, being of sound and disposing mind and memory, do hereby make and declare this to be my Last Will and Testament with respect to the disposition of only that property owned by me at the time of my death and situate in the United States of America, and I declare that I have prepared a separate Will disposing of all my other assets...."

I thought the word situate minus the "d" was a typo, but no, it is a valid legal term.  Anyway, as I go through the template and feed my information in (I bought the service for $39.95) I will see how it prints out.  My husband is a retired attorney and if he sees any issues he will let me know.  Will update on this board with an FYI if I find anything odd.

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We had an attorney friend from Alabama do our will, He Fed Exed it here and we had it notorized at the US consulate .

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We got married in Alabama and do not live in the US and never will as I am nnot a citizen so Alabama it is. My husband was born there so that will work.

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Remember that will are always probated in the state of the will, or the resident. You will need a probate attorney, and there will be costs. A Living Trust might be better. You should also have a Mexican will here, just to be safe. This is not a job for DIY. 

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