All Day Posted January 10, 2022 Report Share Posted January 10, 2022 Is it recommended to have a Mexican will for Mexican assets and a U.S. will for U.S assets? If so, how do you probate a US will if you don't have legal residency in the U.S? Thanks Quote Link to comment Share on other sites More sharing options...
Ferret Posted January 10, 2022 Report Share Posted January 10, 2022 Answer to your first question is Yes. I don't know how you probate a U.S. will but it was no problem to probate my hubby's Canadian will in Canada and we were/are both legally non residents of Canada. Quote Link to comment Share on other sites More sharing options...
cedros Posted January 10, 2022 Report Share Posted January 10, 2022 16 minutes ago, Ferret said: Answer to your first question is Yes. I don't know how you probate a U.S. will but it was no problem to probate my hubby's Canadian will in Canada and we were/are both legally non residents of Canada. Yes. I have had the same experience -no problems probating a Canadian will. Quote Link to comment Share on other sites More sharing options...
Natasha Posted January 10, 2022 Report Share Posted January 10, 2022 Only one point re: Canadian Will. The executor must be a Canadian resident, or appoint someone who is. Otherwise province will require a HUGE bond to assure non-resident (even if Canadian) executor does not abscond with the assets! Happened to a friend a couple of years ago. She ended up having to appoint the deceased person's bank to handle the probate..... which was a lesser cost than placing it in the hands of a Canadian lawyer. Quote Link to comment Share on other sites More sharing options...
Ferret Posted January 10, 2022 Report Share Posted January 10, 2022 I guess it depends on which province you reside. I was the Executor of both my husband's and my mother's will and I am a non resident Canadian. But we all previously resided in Ontario. Or did you mean that the Executor must be a Canadian citizen? Quote Link to comment Share on other sites More sharing options...
Natasha Posted January 10, 2022 Report Share Posted January 10, 2022 Maybe it's the province? I was referring to Alberta. Maybe it's the gross value of the estate? This one was a lot. Executrix in question was Canadian citizen related to deceased, but non-resident. Her non--residency was the sticking point. 1 Quote Link to comment Share on other sites More sharing options...
Ferret Posted January 10, 2022 Report Share Posted January 10, 2022 The amount involved shouldn't be a problem so I would suspect each of the Provinces may have some different rules. In any case, make sure your wishes are iron clad in a number of different ways and hopefully taken care of well before your demise. Quote Link to comment Share on other sites More sharing options...
Natasha Posted January 10, 2022 Report Share Posted January 10, 2022 Alberta. An executor who is not a resident of Alberta is required to provide a bond unless there is a co-executor who is a resident of Alberta. The bond must be from an insurer licensed under the Insurance Act. Executor Bonds are in place to ensure the Executor performs their duties according to law. Executor Bonds can protect against any potential fraud, errors, negligence, theft, or misrepresentation perpetrated by the Executor of the estate. In Ontario, if the non-resident executor “resides elsewhere in the commonwealth,” no posting of bond is required. For example, an executor in Australia would be exempt from posting bond, but an executor in the United States wouldn’t. General info for Canadians. You might want to confirm reg's in your home province (each seems to have own quirks) if you have a Canadian will and non-resident executor. In naming an executor, several things must be considered, including the executor’s residency and whether a bond or security is required to be posted for an out-of-jurisdiction (province or country) executor. Quote Link to comment Share on other sites More sharing options...
Ferret Posted January 10, 2022 Report Share Posted January 10, 2022 Absolutely check it out! And, I will correct my previous statement since I wasn't the Executor, I was the sole beneficiary of both my mother's and my husband's wills. However, my wills have an executor but he is a Canadian citizen and is a resident of Ontario. Whew. Quote Link to comment Share on other sites More sharing options...
Natasha Posted January 10, 2022 Report Share Posted January 10, 2022 Big difference my friend! Person in question my original comment was both executrix and sole beneficiary but as we can see, Alberta rules didn't care. While we are also co-beneficiaries (each to other), In case of common disaster OR inability to perfrom we have BC resident as second named executrix. Quote Link to comment Share on other sites More sharing options...
Ferret Posted January 10, 2022 Report Share Posted January 10, 2022 Got that covered too. BTW, do your heirs a favour. Clean up the old paperwork. I just finished shredding documents that ended up in FOUR large orange garbage bags. The house plans etc. from the Nayarit build and then its sale and on... and on... and on. It took me over two weeks to sort through all my mum's documents when she passed in 2009 and I swore I wouldn't leave the same kind of mess. Quote Link to comment Share on other sites More sharing options...
Natasha Posted January 10, 2022 Report Share Posted January 10, 2022 Hah! Not just paperwork..... lots of other things too as they become redundant or are no longer needed or used. 👍 Quote Link to comment Share on other sites More sharing options...
MtnMama Posted January 11, 2022 Report Share Posted January 11, 2022 THE OP asked about U.S. wills. THe answer is similar, it varies by state. I would contact the Clerk of the County Courts in the state and county where the will is to be filed for a definitive answer. 2 Quote Link to comment Share on other sites More sharing options...
elrich Posted January 11, 2022 Report Share Posted January 11, 2022 Have you checked out expat legalwills.com. For creating minor wills for US citizens living abroad. Seems to cover all the bases for minor wills, at a reasonable price. Check it out. Quote Link to comment Share on other sites More sharing options...
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