[WSBAPT] Real Property in Mexico

Tom Westbrook tjw at w3net.net
Wed Nov 8 10:14:18 PST 2023


I was once told by a Mexican banker that Mexico is a “no recourse” country
in terms of the legal system and access to courts, so I echo Josh, and find
a good Mexican attorney.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law



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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Joshua McKarcher
*Sent:* Wednesday, November 08, 2023 10:03 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Real Property in Mexico



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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