[WSBAPT] Probate Property in Mexico Referral

[Joshua McKarcher]

Hi Paul,

You will need to find local (bilingual) Mexican counsel who can assist you with this, most likely. Depending on where in Mexico the property is located, it is likely held by a Mexican bank in a trust ("fideicomiso") of which the decedent was likely the lifetime beneficiary. (If not in trust form, it may be held in "escritura," which is essentially what we in the USA would consider a regular warranty deed.)

The benefit of the trust form is that the decedent may already have named a successor beneficiary - his kids, say - and so if that is confirmed, "transfer" may be as simple as filling out lots of paperwork and paying fees. Most US citizens hold property in Mexico in the trust form.

But, regardless, I recommend having bilingual counsel local to the area where the property is located who is very familiar with the actual form of title and can guide and assist even with the "easy" version if that turns out to be what is at play.

All the best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com/>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Wednesday, June 28, 2023 2:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Probate Property in Mexico Referral

Just joined an existing probate where the original attorney died.  Decedent was a US citizen but resided in Mexico for 13 years and owned property in his name.  PR was under the impression (from the previous atty) that he had the authority to sell the property in Mexico because the WA court appointed him as PR.  I suspect this is incorrect.  He is trying to sell the property but I anticipate a problem if people in Mexico do not accept his authority as a PR in the State of Washington to sell property in Mexico.  I need to refer this portion of the probate to advise whether, in fact, he can sell the property or if he needs to open a probate (or Mexican equivalent) in Mexico.


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