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Eric Blair

Two things/issues/points to think about.

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As we all know, I'm not an attorney, nor near an expert in Mexican law. However sometimes real-time experience and a little creativity can help.

Here are my two points, and I'm sure someone with much more knowledge than I have will weigh in and help.

1.) I had a legal situation where I had a claim for money against a local professional. I got nowhere on my own, so I found an English speaking, young Mexican attorney in Chapala and got him to take my case.

My attorney contacted the party, discussed the issued and alternatives, and a settlement was made for $100,000 in four payments. The $100,000 included my attorney fees.

In the settlement document, I had the attorney put in something that he said he was not familiar with, but would put it in. As far as I know, the laws of Mexico allow people to contract however they want, assuming it is an arm-length dealing and no laws are violated.

The settlement provided that if the now debtor defaulted in any payment, after a grace period, the entire amount would become immediately due and payable, AND, in the event I had to take the debtor to court, or pay my attorney more money, the debtor would be liable for my reasonable, additional attorney fees. I think in Mexico, each side of a lawsuit  usually pays their own for attorney fees.

2.) This is a point on wills in Mexico, and I think especially relevant to people who marry later in life and have their separate families. Many times each party will leave "something" to their new spouse. All good and well, except it doesn't take into consideration what happens if both die in a common incident? That could, IMO, be a can of worms.

When I married my wife here, I had the following put into my Will: "Should myself and my wife die in a common occurrence, and it can not be determined which of us died first, it will be presumed that I died first."

The Notorio was at a real loss about this provision, he said he had never heard of it. I just asked him to humor me and so he put it in.

The point I'm making is that IMO, you can pretty much put whatever you want in your Will.

In parting, one caveat: Learn from my mistake.

I hired a Mexican attorney with offices in the U.S. and Guadalajara to pursue a claim. He charged me US$450.00  to file papers with CAMAJAL and when we wanted to ask him more questions, he wanted US$250.00 for a follow up consultation. When I found we could file with CAMAJAL for nothing and on our own, we "released" the attorney and became DIY. We were told we would/could not have done better with an attorney.

Repeating: These are my experiences and opinions. Nothing in this post should be considered as legal advice or an interpretation of Mexican law. Always consult an attorney or Notorio for the most current laws/procedures. If you have time, you can actually research Mexican laws in English.
 

 

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I suspect that Mexican law already deals with death in a common accident in a certain way and putting your wishes for a law in your will would not change that. Your attorney was being a congenial Mexican when he put it there for you, as Mexicans don't tend to start arguments with the person paying the bills. He would probably include your desire to be buried head up or down if you so instructed and paid. I think you hit it when you said he humored you but I'm not an attorney either.

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Eric, I know we have all been warned to be polite to you but I have to ask why you keep putting yourself in our path. Why are we going to  read your numerous posts? What good will they do us?  I guess it gives you pleasure to write and post them but, please, consider your audience. Gracias.

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Kam, amigo. You were not warned to be polite to me, there was a general "warning" about no personal attacks.

My audience is people who live in Mexico and may have questions that by my reciting an experiences and suggestions.

I will send you a PM on your other point.

Thanks for your input.

 

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Thank  you Eric, clear and excellent information. very usable, keep up the good work, keep posting.

you have to the same with your attorneys and advisers in United states.

You are responsible, the how  things are titled,, how things are passed after you die.

Please everyone review your wills, your bank accounts, your houses, insurance policies,  your investments, your IRA's who the beneficiary is.

i guarantee one out of ten has something that needs to be changed.

also make sure your beneficiary has access to all that information.

 

 

I just had a friend pass away that i had helped over the last ten years with financial and beneficiary help .

his daughter has came to Ajijic after his death.

I gave her where he had his bank accounts ,the were three of them she did not know about, she forwarded the information to her lawyer in Canada who was handling the his estate.

My Friend had advised me to do that if he passed away to make sure his grand-kids were beneficiary's, which they were on his account up north. and that his daughter got that information upon his passing.

You also may need to give someone you trust,  power of attorney , in your will name an executor you trust.

 Some Lawyers and nursing homes love to have power of attorney here at lakeside if you have no kids.

Put a charity you  trust as Beneficiary, maybe as power of attorney, this way the your estate goes where you want it.

not to the lawyer or nursing home.

 

you have to do it you are over 50 years old.

 

 

 

 

 

 

 

 

 

 

 

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11 hours ago, kam said:

Eric, I know we have all been warned to be polite to you but I have to ask why you keep putting yourself in our path. Why are we going to  read your numerous posts? What good will they do us?  I guess it gives you pleasure to write and post them but, please, consider your audience. Gracias.

If you see he is the thread starter you do not have to open up the thread.  Also this board has an ignore feature, enabling you to ignore all posts and threads by a poster you don't like.

In the future please use either of these options and don't post something like this.  Problem solved!

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I remember our family lawyer in Puerto Vallarta who took the time to explain to me some of the important cultural nuances unique to Mexico. He was very successful but he said the worst part of his job was the day when he realized that there was not another single lawyer in Puerto Vallarta that he could trust. He was grooming his son to take over his practise, but once the son realised the job, he said NO WAY!

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On 7/14/2019 at 7:35 AM, traderspoc said:

Thank  you Eric, clear and excellent information. very usable, keep up the good work, keep posting.

you have to the same with your attorneys and advisers in United states.

You are responsible, the how  things are titled,, how things are passed after you die.

Please everyone review your wills, your bank accounts, your houses, insurance policies,  your investments, your IRA's who the beneficiary is.

i guarantee one out of ten has something that needs to be changed.

also make sure your beneficiary has access to all that information.

 

 

I just had a friend pass away that i had helped over the last ten years with financial and beneficiary help .

his daughter has came to Ajijic after his death.

I gave her where he had his bank accounts ,the were three of them she did not know about, she forwarded the information to her lawyer in Canada who was handling the his estate.

My Friend had advised me to do that if he passed away to make sure his grand-kids were beneficiary's, which they were on his account up north. and that his daughter got that information upon his passing.

You also may need to give someone you trust,  power of attorney , in your will name an executor you trust.

 Some Lawyers and nursing homes love to have power of attorney here at lakeside if you have no kids.

Put a charity you  trust as Beneficiary, maybe as power of attorney, this way the your estate goes where you want it.

not to the lawyer or nursing home.

 

you have to do it you are over 50 years old.

 

 

 

 

 

 

 

 

 

 

 

Many things have been known to disappear at lakeside following the death of a solo person in the house. Maids and gardeners are always blamed, but who really knows. Now property managers, well, you'd best have pictures of everything in your house you want to leave and make sure your beneficiary has them. I'm quite aware of "couch, table and chairs and lamps" being not what the deceased had left in the home. Assume the worst and take steps to prevent it.

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5 hours ago, pappysmarket said:

Many things have been known to disappear at lakeside following the death of a solo person in the house. Maids and gardeners are always blamed, but who really knows. Now property managers, well, you'd best have pictures of everything in your house you want to leave and make sure your beneficiary has them. I'm quite aware of "couch, table and chairs and lamps" being not what the deceased had left in the home. Assume the worst and take steps to prevent it.

Wife and I personally witnessed a Notary taking cars and other  valuables from a house in Chula Vista when the owner had died. I believe he was trusted with notifying next of kin, but helped himself to LOTS before he did so. That Notary once bragged to us to come to his ranch to see his over 20 antique US car collection(2 of them came from that property, we are sure). We declined. He was wealthy, owning several houses, multiple cars, etc. He has since died. I can guess where he gained his fortune. We entrust our wishes to several people we hope we can trust, so maybe through one of them they will get respected.

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On 7/13/2019 at 6:57 PM, Eric Blair said:

As we all know, I'm not an attorney, nor near an expert in Mexican law. However sometimes real-time experience and a little creativity can help.

Here are my two points, and I'm sure someone with much more knowledge than I have will weigh in and help.

Repeating: These are my experiences and opinions. Nothing in this post should be considered as legal advice or an interpretation of Mexican law. Always consult an attorney or Notorio for the most current laws/procedures. If you have time, you can actually research Mexican laws in English.
 

 

Thanks, Eric, for an excellent post. Personal experiences like yours here make this Board very valuable.

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