kimanjome Posted June 12, 2019 Report Share Posted June 12, 2019 We have our expat wills for the US prepared. We need to sign them in the company of 2 other persons (witnesses) and then have all 3 signatures (2 witnesses, 1 Testator) "officially" validated. In the US a notary would do this. I'm thinking the Notario has significant authority (more than a US notary) per international treaty, the witnessing of the signatures can be done by a Notary, correct? I mean, it's only to verify the signatures, it's not for a court-filed document. Quote Link to comment Share on other sites More sharing options...
bontepar Posted June 12, 2019 Report Share Posted June 12, 2019 As far as I know a hand written will is perfectly legal and binding don't need witnesses or notary Quote Link to comment Share on other sites More sharing options...
chapalence Posted June 12, 2019 Report Share Posted June 12, 2019 A call to Notario #2 would give you a definitive answer. 376 766 0190 LUIS ENRIQUE RAMOS BUSTILLOS Quote Link to comment Share on other sites More sharing options...
kimanjome Posted June 12, 2019 Author Report Share Posted June 12, 2019 47 minutes ago, bontepar said: As far as I know a hand written will is perfectly legal and binding don't need witnesses or notary No longer. Now, even if there are two (2) witnesses, the signatures of the those witnesses can be challenged in court. Both witnesses may be required to appear and testify that yes, those are their signatures. Very difficult to do if one of the witnesses has died or cannot be located. Then you can have a long, drawn out probate battle in which the only winners are the lawyers. [My spouse is retired lawyer and geez, do I hear some stories]. Most states--I think Ohio and Louisaina? are the exceptions, maybe Nevada or something, too?--want either 2 or 3 witnesses AND the Notarized signature of those witnesses on a separate piece of paper called a Self-Proving Affidavit. The Self-Proving Affidavit makes the will impossible to challenge in court. Or so they say. 52 minutes ago, chapalence said: A call to Notario #2 would give you a definitive answer. 376 766 0190 LUIS ENRIQUE RAMOS BUSTILLOS Actually, we used him for our closing so yes, good idea. 1 Quote Link to comment Share on other sites More sharing options...
Herman Posted June 13, 2019 Report Share Posted June 13, 2019 14 hours ago, kimanjome said: No longer. Now, even if there are two (2) witnesses, the signatures of the those witnesses can be challenged in court. Both witnesses may be required to appear and testify that yes, those are their signatures. Very difficult to do if one of the witnesses has died or cannot be located. Then you can have a long, drawn out probate battle in which the only winners are the lawyers. [My spouse is retired lawyer and geez, do I hear some stories]. Most states--I think Ohio and Louisaina? are the exceptions, maybe Nevada or something, too?--want either 2 or 3 witnesses AND the Notarized signature of those witnesses on a separate piece of paper called a Self-Proving Affidavit. The Self-Proving Affidavit makes the will impossible to challenge in court. Or so they say. Actually, we used him for our closing so yes, good idea. Closing? Is this a home you sold in US and signed your closing docs in Mexico? Quote Link to comment Share on other sites More sharing options...
kimanjome Posted June 13, 2019 Author Report Share Posted June 13, 2019 1 hour ago, Herman said: Closing? Is this a home you sold in US and signed your closing docs in Mexico? No, our Mexico closing. We need someone to authenticate/validate the signatures of witnesses on our US wills. Quote Link to comment Share on other sites More sharing options...
Joco Posted June 13, 2019 Report Share Posted June 13, 2019 4 hours ago, kimanjome said: No, our Mexico closing. We need someone to authenticate/validate the signatures of witnesses on our US wills. You have to use the US Consulate notary. A Notario has a similar name but is an attorney not a US Notary Public. When the consulate is at LCS the notary is also. Quote Link to comment Share on other sites More sharing options...
gogirl Posted June 13, 2019 Report Share Posted June 13, 2019 We always use the consulate notaries for our US documents. IMO not worth taking a chance. They will be here next on July 10th. https://mx.usembassy.gov/embassy-consulates/guadalajara/ Quote Link to comment Share on other sites More sharing options...
Sandrita Posted June 14, 2019 Report Share Posted June 14, 2019 On 6/12/2019 at 3:43 PM, chapalence said: A call to Notario #2 would give you a definitive answer. 376 766 0190 LUIS ENRIQUE RAMOS BUSTILLOS Luis is wonderful. 1 Quote Link to comment Share on other sites More sharing options...
timjwilson Posted June 14, 2019 Report Share Posted June 14, 2019 I've had documents witnessed by a notario, no problem. 500 pesos as I recall. Quote Link to comment Share on other sites More sharing options...
Aquaponicsman Posted June 15, 2019 Report Share Posted June 15, 2019 On 6/13/2019 at 12:32 PM, Joco said: You have to use the US Consulate notary. A Notario has a similar name but is an attorney not a US Notary Public. When the consulate is at LCS the notary is also. I second this recommendation. I have used these services in the past as it conforms with US requirements. Having it come from a US Consular authority seems to add another level of legitimacy to your documents, as well. I do not know if they still use the same method, but they used to use tiny grommets instead of staples. I kind of liked those. Quote Link to comment Share on other sites More sharing options...
cedros Posted June 15, 2019 Report Share Posted June 15, 2019 A Mexican notario should be fine. I have done it for my signature to release a mortagor on Canadian property. . As you said "it's only to verify the signatures, it's not for a court-filed document". If you are unsure use the US consulate. Quote Link to comment Share on other sites More sharing options...
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