BajaNomad

fideicomiso and will question

volcano - 5-3-2014 at 07:04 AM

it's just a "what if" logistical question. When having the fideicomiso drawn up, i had to assign a person to receive the property if i died. Can it be left to a third party in a will if my second assignment is dead? for instance if he and I passed at the same time...could i will it to someone not named in the fidei? Does MX law only recognize the one name you are asked to list as second in line on the fidei?

bajaguy - 5-3-2014 at 07:09 AM

My understanding is that property is divided between remaining spouse and children, if no surviving spouse, then to any children.

YMMV

volcano - 5-3-2014 at 07:21 AM

there are no children

DENNIS - 5-3-2014 at 07:21 AM

Quote:
Originally posted by bajaguy
My understanding is that property is divided between remaining spouse and children, if no surviving spouse, then to any children.

YMMV


That would be in absence of a will???????

bajaguy - 5-3-2014 at 07:28 AM

Quote:
Originally posted by DENNIS
Quote:
Originally posted by bajaguy
My understanding is that property is divided between remaining spouse and children, if no surviving spouse, then to any children.

YMMV


That would be in absence of a will???????





My fallback position is Volcano should contact a Mexican attorney for a consult

cliffh - 5-3-2014 at 07:48 AM

you will need a Mex. will, double check with Attorney.

paul r - 5-3-2014 at 09:54 AM

...just go talk to Jorge Cuadros in Rosarito... he'll show you how to prepare, correctly... don't trust any here say!!!...

cabobaja - 5-3-2014 at 11:32 AM

The bank trust in Mexico is treated the same as a living trust in the US. There is
no probate. When the trust is set-up with the bank and notary, the primary
beneficiary of the trust has full control of the property. The primary beneficiary
can choose up to 6 substitute beneficiaries.

volcano - 5-3-2014 at 05:16 PM

my question is what if the primary beneficiary dies before another beneficiary is substituted...........if I have assigned another option in my will...it seems that I will need to make a will in Mexico