[WSBAPT] Real Property in Mexico

michael westseattleattorney.com michael at westseattleattorney.com
Wed Nov 8 11:18:44 PST 2023


Thx

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________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Tom Westbrook <tjw at w3net.net>
Sent: Wednesday, November 8, 2023 10:14 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Real Property in Mexico


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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of michael westseattleattorney.com<http://westseattleattorney.com>
Sent: Wednesday, November 8, 2023 8:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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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