[WSBAPT] Real Property in Mexico

[Joshua McKarcher]

The key answer, not to be too cheeky, is “Don’t!” 😉

I’ll assume the owner is a US citizen. If so, the owner will hopefully already know that they own the property either in a Mexican bank trust, or “fideicomiso,” which will itself name the beneficiaries of the real property, or maybe in a certain kind of corporation or business entity they created to hold the property.

(If they hold individual title, well, they need a good Mexican lawyer, or at least a different lawyer than me.)

I will let you Google the words above and choose your own “source,” frankly, as there are many of varying usefulness and accuracy, like anything online.

At a higher level, I am unaware of any way (or haven’t had occasion to attempt) to deed real property in other countries into a US-situs trust without at least some legal device (person, trustee, entity, etc.) in the other country that facilitates whatever administration is desired by (and, probably, formally executes instructions from) the US-based trustee, if that is the idea you have.

Best, Josh

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael westseattleattorney.com
Sent: Wednesday, November 8, 2023 8:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Real Property in Mexico

Wondering about including this property into a RLT? Anyone know of any governmental transfer restrictions (not on deed), any recording do's and don'ts in Mexico? AS always thanks, Mike

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