Your relative died owning property in Mexico. The will from back home won't be enough here.
I handle succession proceedings in Mexican courts for foreign families, including properties held in a fideicomiso.
What's going on
Most families assume the will their relative signed at home covers the house in Mexico. It doesn't work that way. A will made in another country has no validity here, and the property ends up going through an intestate succession proceeding in a Mexican court, as if there were no will at all.
That proceeding asks for a lot of documents, most of them issued abroad, and it is not quick: expect one to three years.
In the meantime the property can't be sold, and someone still has to pay for it and look after it.
If the property is in a fideicomiso
A fideicomiso names a substitute beneficiary for exactly this situation. That doesn't make it automatic. The change to the substitute beneficiary is a procedure of its own, and a complicated one.
How I can help
- Tell you in the consultation which proceeding your case needs and exactly which documents it will take.
- File and handle the succession proceeding in the Mexican court.
- Handle the change of beneficiary when the property is in a fideicomiso.
- Act for the heirs by power of attorney, so the family doesn't have to move to Mexico for the duration.
How long it takes
One to three years.
What it costs
The consultation: US$100 · 45 minutes, by video call or in person.
The case: a price quoted at the start. You know the cost before any work begins.
Who handles your case
Javier Quezada, litigation attorney in Mérida with 15 years of practice (cédula profesional 6462824). About 90% of my work is in court. I handle cases throughout Mexico.
Frequently asked questions
There is a will, made in the US or Canada. Doesn't that settle it?
Not in Mexico. It has no validity here. The property here goes through an intestate succession proceeding in a Mexican court.
The house is in a fideicomiso with a substitute beneficiary. Is it automatic?
No. The change of beneficiary has to be processed, and it is complicated.
Do the heirs need to travel to Mexico?
No. The whole proceeding can be handled through a power of attorney.
I own property in Mexico and I'm still alive. What should I do now?
Make a will in Mexico. It is the difference between a simple process for your family and a one-to-three-year court case. Wills for foreign owners